Terms & Conditions
This agreement is a legal agreement between the person, company or organization (“You”) that has licensed the universal order management platform (the “App”) and Nix86, Inc. (“Nix86”). By installing and/or using the App or any other software application or other product provided by Nix86, You are confirming your acceptance of this Agreement and You are agreeing to become bound by the terms of this Agreement.
The App is licensed, not sold, to You for use only under the terms of this Agreement. Nix86 reserves all rights not expressly granted to You. The App is to be used on devices that operate with Apple’s operating systems (“iOS” and “Mac OS”) and/or with Google’s operating system (“Android”) and/or with Microsoft’s operating system (“Windows”) and the aforementioned devices are referenced in this license as “Devices”.
a. Scope of License: Nix86 hereby grants You a limited, non-exclusive, non-transferable, non-sublicensable, non-perpetual license to use the App on any Devices that You own or control. This license does not allow You to use the App on any Devices that You do not own or control, and You may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. You may not copy (except as expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, 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 the App). Any attempt to do so is a violation of the rights of Nix86 and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Nix86 that replace and/or supplement the original App, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
b. Consent to Use of Data; Ownership of Intellectual Property: You agree that Nix86 may collect and use technical data and related information, including but not limited to technical information about Your device, system, software, and peripherals, that is gathered periodically to facilitate software updates, product support and other services to You (if any) related to the App. Nix86 may tuse 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. You acknowledge that Nix86 owns all rights, including, but not limited to all intellectual property rights in the App including any related data, any derivative works, and any related know-how, notwithstanding their invention, creation, or use by You. Nix86 shall be entitled to use the same and to license the use of the same to others without restriction.
c. Termination: The Agreement is effective until terminated by You or Nix86. Your rights under this license will terminate automatically without notice from Nix86 if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the App, and destroy all copies, full or partial, of the App. Sections b, d, e, f, g and h will survive any termination of this Agreement.
d. Services, Third Party Materials: The App may enable access to Nix86’s and third party services and web sites (collectively and individually, “Services”). Use of the Services may require Internet access and that You accept additional terms of service.
Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that Nix86 is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. Nix86 does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials, web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Neither Nix86 nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of information or data displayed by any Services. Nevertheless, You agree to use the Services at Your sole risk and that Nix86 shall not be liable to You or to any third party for content that may be found to be offensive, indecent, or objectionable.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Nix86 is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the Devices are not available in all languages or in all countries. Nix86 makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Nix86, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Nix86 be liable for the removal of or disabling of access to any such Services. Nix86 may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
e. No Warranty: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP AND ANY SERVICES PERFORMED OR PROVIDED BY THE APP (“SERVICES”) ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND NIX86 HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, 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. NIX86 DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE APP, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE APP WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APP OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT EFFECTS IN THE APP OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY NIX86 OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE APP OR SERVICES 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 Nix86 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 App, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if Nix86 has been advised of the possibility of such damages.
In no event shall Nix86’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 paid by You to license the App over the preceding twelve months. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. Export: You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the App may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law.
h. General: The laws of the Commonwealth of Massachusetts, excluding its conflicts of law rules, govern this Agreement and your use of the App. Your use of the App may also be subject to other local, state, national, or international laws. All disputes under this Agreement will be exclusively resolved by courts in the Commonwealth of Massachusetts, including the United States courts within Massachusetts, and the parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses. Unless otherwise stated in this Agreement, the terms and conditions of this Agreement are between Nix86 and You only and there are no third party beneficiaries of any of the terms or conditions hereunder. This Agreement constitutes the entire agreement between Nix86 and You in respect of the subject matter hereof and supersedes all prior and contemporaneous understandings, negotiations, commitments, oral or written communications, representations, undertakings and agreements. This Agreement may only be amended in a written document signed and executed by the parties.