Nexustorage End User License Agreement

The Products transacted through this agreement are licensed, not sold, to You for use only under the terms of this license, unless accompanied by a separate addendum, in which case the terms of this license will be extended to incorporate the terms of that separate addendum, subject to Your prior acceptance of that separate addendum. Nexustorage reserves all rights not expressly granted to You.

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a. Scope of License: Nexustorage grants to You a non-transferable non-exclusive limited and restricted license to use the software application known as Nexfs on any computer that You own or control.  You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of Nexfs, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with Nexfs). Any attempt to do so is a violation of the rights of Nexustorage. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Nexustorage that replace and/or supplement the original Product.

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b. Consent to Use of Data: You agree that Nexustorage may collect and use technical data and related information, including technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision to You of software updates, and other services (if any) related to Nexustorage. Nexustorage may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.

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c. Termination. The license is effective until terminated by You or Nexustorage. Your rights under this license will terminate automatically without notice from Nexustorage if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Nexustorage software, and destroy all copies, full or partial, of the Nexustorage software.  In the event of such termination, Nexustorage shall do so without any penalty or liability arising.

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d. Services; Third-Party Services. Nexustorage could or may enable access to third-party services ("Services"). Use of the third party Services may require (a) Internet access, and (b) that You accept additional terms to access those Services.  You specifically acknowledge the Nexustorage is not obligated under any circumstances whatsoever to provide any product support unless otherwise agreed to in writing by the parties and in which case a fee may be imposed by Nexustorage upon You prior to any such product support is provided.

You understand that by using any of the Services it is at Your sole risk and that Nexustorage does not warrant or endorse and does not assume and will not have any direct or contingent liability or responsibility, including any costs whatsoever, direct or indirect, associated with such Services, to You or any other person for any third-party Services.

In addition, Nexustorage makes no representation that such Services are appropriate or available for use in any particular location. To the extent You choose to access such Services, You do so at Your own initiative and risk, and are responsible for compliance with any applicable laws, including applicable local laws.  Nexustorage reserves the right to change, limit or impose limits, suspend, remove, or disable the use of or access to any Services at any time, and where circumstances permit, Nexustorage will use best endeavors to provide reasonable notice of such changes.

 In no event will Nexustorage be liable for any effects whatsoever, directly or indirectly, resulting from the imposition of limits, removal of, or disabling of access to any such Services.

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e. No Warranty: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE NEXUSTORAGE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT ARE WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE NEXUSTORAGE SOFTWARE  IS PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND NEXUSTORAGE HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE NEXUSTORAGE SOFTWARE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. NEXUSTORAGE DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE NEXUSTORAGE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN THE NEXUSTORAGE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE NEXUSTORAGE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE NEXUSTORAGE SOFTWARE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NEXUSTORAGE OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE NEXUSTORAGE SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

 

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL NEXUSTORAGE BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE NEXUSTORAGE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF NEXUSTORAGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Nexustorage's total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one dollar ($1.00). The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.

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g. The laws of the Nation of NEW ZEALAND govern this Agreement and your use of Nexustorage and Nexfs, without reference to conflict of Nexustorage principles. Your use of Nexustorage subscriptions, products and services may also be subject to other local, state, national, or international laws. In any dispute arising out of this Agreement, Customer and Nexustorage each consent to the exclusive personal jurisdiction and venue in the Nation of New Zealand. The Parties exclude the provisions of the United Nations Convention on Contracts for the International Sale of Goods from this Agreement and any transactions that may be implemented in connection with this Agreement. .