End User License Agreement
NovaXpress Courier Services cares about its employee's and customer's privacy and is committed to the protection of their personal information. As such, NovaXpress adheres to the privacy principles outlined below.
This End User License Agreement ("EULA" or "Agreement") is a legal agreement between you (either an individual or a single entity, hereafter "You" or "Licensee") and NovaXpress ("Company," "We," "Us," or "Our") for the NovaCore software application, which may include associated media, printed materials, and "online" or electronic documentation (collectively, the "Software").
By installing, copying, or otherwise using the Software, You agree to be bound by the terms of this Agreement. If You do not agree to the terms of this Agreement, do not install or use the Software.
Subject to your compliance with the terms of this Agreement, NovaXpress grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use one copy of the Software solely for your personal, non-commercial purposes [OR "solely for your internal business operations," depending on your model] on a single device that You own or control.
You agree that You will not, and will not permit others to:
All rights, title, and interest in and to the Software, including but not limited to all copyrights, patents, trade secrets, trademarks, and other intellectual property rights, are and shall remain the sole and exclusive property of NovaXpress and its licensors. This Agreement does not grant You any ownership rights to the Software, but only a limited license to use it as specified.
This Agreement is effective until terminated. Your rights under this license will terminate automatically without notice from NovaXpress if You fail to comply with any term(s) of this Agreement. Upon termination of the Agreement, You shall cease all use of the Software and destroy all copies, full or partial, of the Software.
Sections 3 (Intellectual Property), 5 (Disclaimer of Warranties), 6 (Limitation of Liability), and 8 (General Provisions) shall survive any termination of this Agreement.
THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOVAXPRESS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT to THE SOFTWARE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
NOVAXPRESS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NOVAXPRESS OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SOFTWARE; (II) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (III) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SOFTWARE BY ANY THIRD PARTY; OR (IV) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SOFTWARE.
IN NO EVENT SHALL NOVAXPRESS'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SOFTWARE EXCEED THE AMOUNT (IF ANY) YOU ACTUALLY PAID FOR THE SOFTWARE.
This Agreement shall be governed by and construed in accordance with the laws of [Your Jurisdiction, e.g., "the State of California"], without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Software shall be instituted exclusively in the federal or state courts located in [Your City and State].