The latest version of this EULA may be found here: https://www.nearnorthsoftware.com/content/software/license.html
By using this software you agree to regularly check the EULA for updates and agree that continued use of the software constitutes your agreement to any changes in the latest version of the EULA.
End-User License Agreement (EULA) of Near North Software Products
This End-User License Agreement ("EULA") is a legal agreement between you and Near North Software, LLC.
For the purposes of this agreement, Near North Software Products or Software refer to any and all software made available by Near North Software, LLC or it's authorized distributors.
This EULA agreement governs your acquisition and use of any Near North Software Products ("Software") directly from Near North Software, LLC or indirectly through a Near North Software, LLC authorized reseller or distributor (a "Reseller").
Please read this EULA agreement carefully before completing the installation process and using the Near North Software Products. It provides a license to use the Near North Software Products and contains warranty information and liability disclaimers.
If you register for a free trial of the Near North Software Products, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the Near North Software Products, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by Near North Software, LLC herewith regardless of whether other software is referred to or described herein. The terms also apply to any Near North Software, LLC updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
License Grant
Near North Software, LLC hereby grants you a personal, non-transferable, non-exclusive license to use the Near North Software Products on your devices in accordance with the terms of this EULA agreement.
You are permitted to load the Near North Software Products (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the Near North Software Products.
You are not permitted to:
Edit, alter, modify, adapt, translate or otherwise change the whole or any part of the Software nor permit the whole or any part of the Software to be combined with or become incorporated in any other software, nor decompile, disassemble or reverse engineer the Software or attempt to do any such things
Reproduce, copy, distribute, resell or otherwise use the Software for any commercial purpose
Allow any third party to use the Software on behalf of or for the benefit of any third party
Use the Software in any way which breaches any applicable local, national or international law
Use the Software for any purpose that Near North Software, LLC considers is a breach of this EULA agreement
Intellectual Property and Ownership
Near North Software, LLC shall at all times retain ownership of the Software as originally downloaded by you and all subsequent downloads of the Software by you. The Software (and the copyright, and other intellectual property rights of whatever nature in the Software, including any modifications made thereto) are and shall remain the property of Near North Software, LLC.
Near North Software, LLC reserves the right to grant licenses to use the Software to third parties.
Limitation of Liability
The Near North Software Products and accompanying documentation are provided on an “as is” and “as available” basis without warranty - express or implied - of any kind, and Near North Software, LLC specifically disclaims the warranty of fitness for a particular purpose. No oral or written advice given by Near North Software, LLC, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty and you may not rely upon such information or advice. The liability of Near North Software, LLC and any third party that has been involved in the creation, production, or delivery of the Near North Software Products for all damages arising out of or in any way relating to a full version of a Near North Software Product, a trial version of a Near North Software Product, any other Near North Software Products and/or this EULA shall in no event exceed the total amount of $99 or the amount you paid to Near North Software, LLC or an authorized Near North Software, LLC distributor, whichever is lower.
Near North Software, LLC and any third party that has been involved in the creation, production, or delivery of the Near North Software Products are under no circumstances liable for consequential or indirect damages (including damage for loss of profit, business interruption, loss of data, and the like arising out of the use or inability to use the Near North Software Products).
Termination
This EULA agreement is effective from the date you first use the Software and shall continue until terminated. You may terminate it at any time upon written notice to Near North Software, LLC.
It will also terminate immediately if you fail to comply with any term of this EULA agreement. Upon such termination, the licenses granted by this EULA agreement will immediately terminate and you agree to stop all access and use of the Software. The provisions that by their nature continue and survive will survive any termination of this EULA agreement.
No refund will be issued in the event of any termination other than at the sole discretion of Near North Software, LLC.
Upon termination of this agreement, you shall cease all use of the Near North Software Products.
Governing Law
This EULA agreement, and any dispute arising out of or in connection with this EULA agreement, shall be governed by and construed in accordance with the laws of the State of Minnesota, USA.