MyDraw End-User License Agreement (EULA)IMPORTANT-READ CAREFULLY BEFORE INSTALLING OR USING THE SOFTWARE, AND/OR ALL RELATED MATERIALS. This End-User License Agreement (“EULA”) is a legal agreement between (a) you (“End User”), an individual or a single entity, and (b) Nevron Software LLC (“Nevron”) that governs your use of MyDraw Software Product (“Software”), which may include software components, media, printed materials, and online or electronic documentation. By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the Software. The Software is protected by copyright laws and international copyright treaties, as well as by other intellectual property laws and treaties. The Software is licensed, not sold. 1. Software Licensing
1.1. License Grant Licensor grants Licensee a non-exclusive, non-transferable, limited license to use the MyDraw software ("Software") for a specific period of time as specified in the subscription plan selected by Licensee. This Agreement does not transfer ownership of the Software. 1.2. Software Versions Software is available in three versions: 1.3. Software Sessions A "Software Session" refers to every running instance of any version of the Software. For example, a running instance of Software for Windows or Mac counts as one Software Session, and Software for Web running in a browser tab also counts as one Software Session. 1.4. Concurrent Sessions Each Software Subscription purchased by Licensee allows for up to 3 simultaneous Software Sessions. Licensee may not exceed this limit. 1.5. Renewal Licensee's subscription allows the use of Software for a specific period as determined by the selected subscription plan. To continue using Software beyond the subscription period, Licensee must renew the subscription. 1.6. Trial and/or Demo Software. If the Software is marked “Trial” or “Demo”, then this license to use the Software under the conditions set herein is granted to you for 30 (thirty) days from the first time you install the Software. After the period specified is over, this grant of license expires. You may contact us to obtain a trial period extension. 1.7. Educational, Government, or Non-Profit License. If the Software is marked as “Educational”, "Government", or "Non-Profit" your license only permits use in the respective institutions that qualified for the grant of such license (i.e. University or School, Government Institution, or Non-Profit organization). 2. RestrictionsLicensee shall not:
2.1. Modify, decompile, reverse engineer, or disassemble the Software. You may not (and you agree not to) reverse engineer, decompile, or disassemble the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not create derivative works based upon the Software in whole or in part, or modify the Software unless otherwise expressly indicated by Nevron. Nothing contained herein shall be construed, expressly or implicitly, as transferring any right, license, or title to you other than those explicitly granted under this EULA. Nevron reserves all rights in its intellectual property rights not expressly agreed to herein. Unauthorized copying of the Software or failure to comply with the restrictions in this EULA (or another breach of the license herein) will result in automatic termination of this EULA and you agree that it will constitute immediate, irreparable harm to Nevron for which monetary damages would be an inadequate remedy and that injunctive relief will be an appropriate remedy for such breach. 2.2. Distribute, sublicense, lease, rent, or transfer the Software to any third party. You may not distribute, rent, lease,loan, or sublicense the Software in whole or in part, or transmit it over a network for use on more computers for which you have no valid license. 2.3. Remove or obscure any copyright, trademark, or proprietary notices from the Software. All intellectual property rights in the Software and user documentation are owned by Nevron or its suppliers and are protected by law, including but not limited to the copyright, trade secret, and trademark law, as well as other applicable laws and international treaty provisions. The structure, organization, and code of the Software are valuable trade secrets and confidential information of Nevron and its suppliers. You shall not remove any product identification, copyright notices or proprietary restrictions from the Software. 2.4. Use the Software for any unlawful or unethical purposes. 3. TERM AND TERMINATION OF THE EULA.This EULA takes effect when the Software is installed or used for the first time and remains valid until terminated or rejected.
You are free to terminate at any time by destroying the original and any archival copies of the Software.
Nevron may terminate this EULA immediately and without additional notice, in case you breach this EULA and/or fail to comply with any term or condition of this EULA. 4. CONSENT TO USE OF DATA.You agree that Nevron and its affiliates or suppliers may collect and use statistics on your use of the Software in performing backup operations and technical information you provide to support services related to the Software.
Nevron and its suppliers agree not to use this information in a form that personally identifies you except to the extent necessary to provide such services. 5. LIMITATION OF LIABILITY.To the maximum extent permitted by applicable law, in no event neither Nevron nor its authorized representatives involved in the creation, production or delivery of this product shall be liable for any special, incidental, consequential, indirect, or intentional damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the software product, third-party software and/or third-party hardware used with the software product, or otherwise in connection with any provision of this EULA), even if a Nevron representative or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. 6. INDEMNITY.You agree to indemnify and hold Nevron and its officers, directors, employees, and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this EULA, your violation of any laws, regulations or third-party rights or your negligent act, omission or willful misconduct. 7. COMPLIANCE WITH APPLICABLE LAWS.You must comply with all applicable laws regulating the use of the Software.
The terms of this EULA remain in full force and effect unless found unenforceable.
You shall comply with all applicable laws and regulations of the United States and other countries ("Export Laws") to ensure that the Software is not (1) exported, directly or indirectly, in violation of Export Laws, or (2) used for any purpose prohibited by Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation. You further agree that you will not use the Software for any purpose prohibited under applicable laws. 8. APPLICABLE LAW.This EULA is governed by the laws of the state of Delaware, USA. 9. ENTIRE AGREEMENT.This EULA is the entire agreement between you and Nevron relating to the Software and it supersedes all prior or contemporaneous oral or written communications, proposals, and representations concerning the Software or any other subject matter covered by this EULA.
To the extent the terms of any Nevron policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control.
In the event of a conflict between the English and any non-English versions of this EULA, the English version shall govern.
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 to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provision of the EULA will remain in force and effect. © The Software, its Documentation, and other materials are copyrighted, with all rights reserved. Under the copyright laws, the Software or related materials may not be copied (including translating into another language or format), in whole or in part, without the written consent of Nevron, except the normal use or backup purposes.
Copies may not be made for third parties, whether sold or not.
All trademarks acknowledged. Nevron trademarks may be registered in some countries. |
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