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.

1. GRANT OF LICENSE

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.

2. LICENSE RESTRICTIONS

You agree that You will not, and will not permit others to:

  • a) Rent, lease, lend, sell, redistribute, sublicense, or otherwise transfer the Software.
  • b) Modify, decompile, reverse engineer, disassemble, or create derivative works based on the Software, or any portion thereof.
  • c) Copy the Software (except for one back-up copy for archival purposes, provided you reproduce all copyright and proprietary notices).
  • d) Remove, alter, or obscure any proprietary notices (including copyright and trademark notices) of NovaXpress or its suppliers on the Software.
  • e) Use the Software for any purpose that is illegal or not expressly permitted by this Agreement.
  • f) Use the Software to build a competitive product or service.

3. INTELLECTUAL PROPERTY & OWNERSHIP

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.

4. TERMINATION

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.

5. DISCLAIMER OF WARRANTIES

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.

6. LIMITATION OF LIABILITY

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.

7. GOVERNING LAW

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].

8. GENERAL PROVISIONS

  • a) Entire Agreement: This Agreement constitutes the entire agreement between You and NovaXpress concerning your use of the Software and supersedes all prior or contemporaneous understandings, whether written or oral.
  • b) Severability: If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
  • c) Waiver: No failure or delay by NovaXGress in exercising any right or power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power preclude any other or further exercise thereof.
  • d) Amendments: We reserve the right, at our sole discretion, to modify or replace this Agreement at any time.
  • e) Contact Information: If you have any questions about this Agreement, please contact us at: [Your Contact Information, e.g., legal@novaxpress.com or a mailing address].