End user agreement for Nicole The Desktop Singer
This software and information are the property of NOKs, LLC.
Copyright (C) 2000-2006 NOKs,LLC
By accepting this End User License Agreement ("Agreement") for the below-mentioned Software, you are entering into a legally binding contract between yourself and NOKs, LLC. ("NOKs") under the terms and conditions specified herein below. After clicking on the "Yes" button below, you will be permitted to install and use the Software (as defined below) in accordance with the terms and conditions of this Agreement. This Agreement shall commence upon your clicking "Yes" and shall terminate with the Software's (as defined below) commercial launch or immediately with NOKs' prior written notice to such an effect - the earlier of the two.
Should you decided that the terms and conditions of this Agreement are NOT acceptable to you and you would like to decline, kindly click on the "No" button below, whereupon you will exit the Software installation process, the installation process will be terminated and you will not be permitted to make any use of the Software (as defined below).
The Software is hereby licensed and not sold, and includes an The NOKs game. The Software and/or its component parts are a 1.5 version release (the "Software").
As such, you are purchasing a limited, non-exclusive, non-transferable, non-assignable license to use the Software under the terms and conditions contained herein (the "License"), as follows:
1. You are hereby permitted to install a one copy of the Software, solely for the purposes of playing the game.
2. You may NOT sell, market, distribute, copy, license, sub-license, license for fee, rent, lease, lend, use, transfer, develop new applications, enhance, modify, prepare or create derivative works, perform, display, affix, reverse engineer, de-compile, disassemble, change and otherwise engage and/or exploit the Software and Intellectual Property, whether registered or not, related to the Software, subject to the terms and conditions of this License and Agreement. Violators will be prosecuted and/or sued to the maximum extent possible under applicable laws.
4. The Software is not being made for, and is not suited for "Commercial Use" and may only be used for the purposes described in Section 1 above.
5. Notwithstanding the above, this Agreement shall terminate immediately upon your breach of Section 2 above. Upon termination of this Agreement, under any section or clause herewith, you shall uninstall and erase the Software and its component parts from your computer's hard drive and any other medium where such Software is stored - forthwith.
6. LIMITED WARRANTY AND LIMITATION ON REMEDIES It is hereby stipulated and agreed that your entire and exclusive remedy (including, without limitation, direct and/or indirect damages) and our entire and exclusive liability shall be (at out option) (i) US $5.00 (Five United States Dollars) OR (ii) the repair or replacement of the Software. This Limited Warranty is null and void if failure of the Software resulted from accident, abuse, misuse or misapplication.
7. NO OTHER WARRANTIES Software is warranted, if at all, only according to the terms of the License. Except as warranted in the Agreement and License, NOKs hereby disclaims any and all warranties and conditions with regard to the Software, including all express and/or implied warranties and conditions as to merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence, title and non-infringement. NOKs hereby also disclaims any and all warranties regarding duty or condition of title, quiet enjoyment, quiet possession and correspondence to description. The entire risk arising out of use or performance of the software and any support services remains with you. NOKs hereby expressly disclaims any and all other warranties, either express or implied, to the maximum extent permitted by applicable law.
8. NO LIABILITY FOR INCIDENTAL AND/OR CONSEQUENTIAL DAMAGES
In no event shall NOKs be liable for any special, incidental, indirect or consequential damages whatsoever arising out of the use of or inability to use the Software, to the maximum extent permitted by applicable law, including but not limited to damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty of care and or duty of good faith or duty of reasonable care, for negligence or other torts, strict liability, breach of warranty (if at all applicable) breach of contract and for any other pecuniary or other loss whatsoever. NOKs's entire liability under any and all provisions of this License shall be limited to the amount specified in Section 6 above.
9. All title and Intellectual Property rights in and to the Software, and any copies you are permitted to make herein are the sole property of and owned by NOKs or any of its suppliers. You shall neither acquire nor assert copyright ownership or any other proprietary rights in the Software and/or its component parts or in any derivation, adaptation, variation or name thereof. Without limitation to the foregoing, you hereby irrevocably assign to NOKs all your worldwide right, title and interest and waive your moral rights (droite morale), in and to any derivations, adaptations, derivative works, compilations, collective works or variation created by you or for you or on your behalf, in relation with this software. You hereby acknowledge, stipulate and agree that such assignment by you to NOKs includes, without limitation, the right of NOKs' part to license, sell or withhold such assigned materials.
10. All title and Intellectual Property rights in and to the content which may be accessed through use of the Software is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
11. NOKs and/or its respective suppliers and/or third party contractors make no representations or warranties as to the suitability of the information and/or documentation contained in or derived from the use of the Software. All such information and/or documentation are provided "AS IS" without warranty of any kind, whether express or implied. NOKs and/or its respective suppliers and/or third party contractors hereby disclaim all warranties and conditions with regard to such information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall NOKs and/or its respective suppliers and/or third party contractors be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from or through the Software. The information and/or documents published on or through the Software may include technical inaccuracies or typographical errors. In addition to updates performed by you, changes are periodically added to the information and/or documentation contained in the Software. NOKs and/or its respective suppliers and/or third party contractors may make improvements and/or changes in Software and/or the program(s) and/or applications described contained herein and therein at any time whatsoever.
12. Is is hereby clarified that in no event shall NOKs and/or its respective suppliers and/or third party contractors be liable for any special, indirect or consequential damages or any damages whatsoever resulting and/or arising from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of Software and/or the Software server and/or Software component parts.
13. NOKs is not obligated to provide technical or other support services ("Support Services") for the Software. If NOKs should provide you with Support Services, use of such Support Services are governed by NOKs' policies and programs, as in force and effect at that particular date. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software and subject to the terms and conditions of this Agreement and License.
14. The information, data, equations and content (the "Data") contained in and/or provided by the Software and NOKs, as applicable, are for information purposes only and are not intended for trading, transactional or business like purposes. NOKs shall not be liable for any errors or delays in the provision of the Data, or for any action taken in reliance thereon.
15. The Data is provided "AS IS". NOKs assumes no liability whatsoever regarding the Data or the accuracy thereof.
16. Any rights not expressly granted herein are reserved by NOKs. Reverse-engineering and/or disclosure of NOKs algorithms all or part is strictly prohibited.
17. Please feel free to contact info@NOKs.com with questions or problems, as appropriate, or to inform us of any infringing acts or omissions.
18. This License may not be assigned, in whole or in part, by you to a third party, unless NOKs provides you with a prior written notice of such permission to assign. NOKs may assign any part of this Agreement to any third party, without your prior written consent.
19. If any provision of this License and Agreement shall be declared void, the validity of any other provision and of the entire License and Agreement shall not be affected thereby apart from such provision, which shall be deemed deleted.
20. This License shall be exclusively governed by, and shall be construed exclusively in accordance with the laws of the State of Israel. Any dispute whatsoever arising between the parties with respect to the existence, interpretation, construction, execution or implementation of the provisions of this License, shall be exclusively adjudicated by the competent courts in Tel Aviv, Israel, which will have the exclusive jurisdiction over any such dispute or controversy between the Parties.
21. This License is in the English language only, which language shall control and prevail in all respects. No translation, if any, of this License into any other language shall be of any force or effect in the interpretation of this License or in a determination of the intent of either party hereto.
22. You hereby agree to indemnify and hold NOKs and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any and all claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Licensee or the documents it incorporates by reference, or your violation of any law or the rights of any third party.
23. You shall comply with all applicable laws (local or international), statutes, ordinances, treaties, codes of conduct and regulations regarding your use of our Services