End User License Agreement
Updated on 11 November, 2018
IMPORTANT: THIS IS A LICENSE, NOT A SALE
This NEXSPY End User License Agreement (Agreement or EULA) is between the end user (hereinafter referred to as You or Licensee), and NEXSPY Team (hereinafter referred to as We or Licensor), the developer and owner of the program and software (hereinafter referred to as Software or NEXSPY).
Please read this agreement carefully before downloading or installing the Software. Top attention should be paid to such clauses including but not limited to Article3, 5, 6, 14, 15, 16. If you disagree with or have any questions concerning this EULA, please contact NEXSPY Team. Any installing, copying, accessing, or using the Software by you constitutes an acceptance of, and a promise to comply with, all the Terms and Conditions of this EULA.
IMPORTANT: By downloading, accessing, installing or using the Software, documentation you agree to be bound by the following Terms and Conditions of this agreement. You agree to install this software only on a device or devices owned by you or you have got clear permission and consent for such installation from the owner of device. You also agree to inform any person(s), who use(s) a device with the Software installed and any other person with the right to access a monitored account of the presence of the Software.
If you are located in the Canada, you must read and obey the Personal Information Protection and Electronic Documents Act (PIPEDA) during the use of NEXSPY. If you are located in the USA, you must read and obey the Children's Online Privacy Protection Act (COPPA) and the Wiretap Act during the use of NEXSPY.
DISCLAIMER: NEXSPY is designed for legal use only. It is a smart phone, tablet and computer monitoring software that shall be used only with the aim of parental control of their children, or other lawful aims, on a device which is of your ownership and with a consent of a user being monitored. Failure to do so is likely to result in violation of applicable law that could result in severe monetary and criminal penalties imposed on the violator. You should consult your own legal advisor with respect to legality of using the application in the manner you intend to use it prior to purchasing, downloading, installing, and using it. NEXSPY cannot be held responsible if a use chooses to monitor a device the user does not have the right to monitor; nor can NEXSPY provide legal advice regarding the use of the Software.
TERMS AND CONDITIONS
The NEXSPY includes all of the contents of the files, disk(s), CD-ROM(s), DVDs, or other media for which this EULA is provided, including but not limited to: software that the Licensor has licensed for inclusion in NEXSPY; written materials or files relating to NEXSPY ("Documentation"); fonts; modified versions, updates, additions, and copies of NEXSPY, if any.
2. Grant of the License
Subject to the Terms and Conditions of this Agreement, Licensor hereby grants you the limited, revocable, personal, non-exclusive, and non-transferable right to download, install and activate the Software on one or more devices which are owned by you and under your control solely for your personal, private and non-commercial use. Sharing the Software with others, or allowing others to view the contents of this Software, is in violation of the License. You may not make the Software available over a network, or in any way provide the Software to multiple users. Licensor reserves all rights not expressly granted to You in this Agreement.
You may view, review and utilize the Software and any related information provided to you by the Software, but shall not utilize the Software and any related information for any commercial purpose.
You understand that the Site and NEXSPY shall be used only for the purposes of below (i) parental control of their children, (ii) on a device, which is of your ownership, under such circumstance, you must get permission from the user being monitored, (iii) other lawful aims according to the laws in your own jurisdiction. The terms of Child is defined as below:
Child: Your own legal child that is under the legal age of 18 (as defined by US law). The child must be monitored using a compatible phone that you own. You cannot monitor a child if you hold one of the following relationships:
- Aunt/Uncle; Cousin/Nephew
Employee: Your employee at a company you own or an employee at the same company as you and you have managerial responsibilities for. The employee must be monitored using a compatible phone owned by the company and issued to the employee under your company's policies regarding company phones. The employee must give consent and be notified they are being monitored before monitoring can begin.
3. LICENSE RESTRICTIONS
NEXSPY IS DESIGNED FOR LEGAL USE.
Although the Software may be accessible worldwide, Licensor make no representation that the Software or related materials are appropriate or available for use in your territory, and the Software may not be accessed from territories where the content is prohibited by local laws. Those who choose to access the Software from such locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any offer and/or information made in connection with the Software is void where prohibited.
You agree that you will check all local, state and federal laws to make sure you are complying with all laws in your region. It may be illegal in your area to monitor other individuals on your own device. You will never monitor any adult without their valid permission.
If you install NEXSPY onto a device, which you do not own, or without proper consent of the monitored user, we will cooperate with law officials to the fullest extent possible. This includes turning over the requested customer data, and any other purchase/product-related information. The monitored user is entitled to report your illegal act to NEXSPY Team and we will investigate and handle accordingly.
You agree not to use the Software in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other person, and that the Licensor 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 the Licensed Software. In case the Licensed Software is installed on the device without permission of the owner, the Licensor has the right to open un-installation instructions for this person and make sure that the account of a violator is blocked. Please be informed that all the data on NEXSPY servers is encrypted to protect the privacy of the account holder, therefore the Licensor can neither disclose this data to any third parties nor read it from the server side.
You agree that you will not at any time prior to or after this EULA, improperly use or disclose any proprietary information or trade secrets of any other persons which may be in your possession, if any. Further, should we disclose confidential information of the third party licensors, you will comply with any use and confidentiality guidelines requested of you by us and third party licensors. You will hold all such confidential and proprietary information in the strictest confidence and will not disclose it to any third party or use it for the benefit of any person other than for the Licensor or such third party.
Licensee may not and agrees not to or enable others to modify, adapt, translate, sublicense, sell, rent, lease, or loan all or any portion of the Software or Documentation; and Licensee may not and agrees not to or enable others to create any derivative works from all or any portion of the Software or Documentation; and Licensee may not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Licensed Software; and Licensee may not and agrees not to or enable others to use a previous version of the Licensed Software after receiving a media replacement or upgraded version as a replacement to a prior version (in such case Licensee must destroy the prior version); and Licensee may not and agrees not to or enable others to use the Software in the operation of any business, aircraft, ship, nuclear facilities, life support machines, communication systems, or any other equipment in which the failure of the Software could lead to personal injury, death, or environmental damage; and Licensee may not and agrees not to or enable others to remove or obscure Licensor's copyright or trademark notices, or the copyright and trademark notices of any third parties that Licensor has included in the Licensed Software or Documentation; and Licensee may not and agrees not to or enable others to use the Software as part of a facility management, timesharing, service provider, or service bureau arrangement; and Licensee may not and agrees not to or enable others to use the Software or generated information in any manner that is illegal or not authorized by this EULA; and NEXSPY cannot be used to monitor any other individuals (such as a spouse, friend, significant other, parolee, probationer, etc.). This would violate the terms you agreed to at the point of purchase and be subject to immediate termination without reimbursement.
Licensee may install one copy of the Software on a single device at a time. This Agreement shall apply to all installations of the Software. The Licensee may purchase and install multiple licenses if Licensee wants to install software on two or more devices. Licensee shall be solely responsible for all expenses incurred in Licensee's installation and use of the Licensed Software.
The Licensed Software contains technological measures that are designed to prevent its unlicensed or illegal use. The Licensed Software may contain enforcement technology that limits Licensee's ability to install and uninstall the Licensed Software on a device to no more than a finite number of times, for a finite number of devices and for a defined period in time designated by the purchased License. The Software may require activation during installation and in the Documentation. If any of such applicable activation procedure(s) is not followed, the Licensed Software may only operate for a finite period of time. If activation is required, but the Licensee doesn't complete activation within the finite period of time set forth in the Documentation or explained during installation, the Licensed Software will cease to function until activation has been completed, by which time functionality will be restored. If Licensee has any problem with the activation process, Licensee may contact the Licensor customer service for support.
There are several kinds of License which Licensee may choose to purchase. If you choose to purchase a license for a specific period of time indicated in the Software, you can only use it during the specific period. You may terminate the license at any time by destroying the Software, together with all copies thereof. The License will be terminated automatically or otherwise cease to be effective if you fail to comply with any term(s) or condition(s) of this Agreement. You shall destroy and cease using the Software, together with all copies thereof immediately after the termination of the License.
7. LICENSE TRANSFER
Licensee may not rent, lease, lend, sell, assign, sub-license, redistribute or transfer the Licensed Software or the License granted by this EULA without prior written consent of the Licensor.
8. SOFTWARE UPDATES
Licensor may provide Licensee with Software Updates from time to time at no charge during the Term of this Agreement. The Licensor may, at its sole discretion, decide if Licensee can get Software Updates free of charge or the Licensee has to pay for the Updates. For the purposes hereof, "Update" means a new version of the Licensed Software containing technical modifications, updated information, altered functionality, or any other changes that are intended by Licensor to improve or to add, delete or otherwise modify any aspect of the Licensed Software. If the Licensed Software is an Update to a previous version, Licensee must possess a valid License to the previous version. Any update provided by the Licensor to Licensee is made on a License exchange basis such that Licensee agrees, as a precondition for receiving an Update, that Licensee will terminate all of Licensee's rights to use any previous version of the Software. However, Licensee may continue to use the previous version only to assist in transitioning to the Updated version. Once an Update has been released, the Licensor may cease service or support for prior versions, without any notice to Licensee. Software Updates may be provided via the Licensed Software or on the Licensor websites. This License does not permit Licensee to obtain and use a Software Upgrade and/or a new Licensed Software version.
The Licensor is not obligated by this EULA to provide Licensee with any technical support services relating to the Licensed Software; however, Licensee may request additional support services for an additional charge or get free e-mail support as the Licensor may offer from time to time during the term of this EULA. E-mail support includes business priority technical assistance for installation and troubleshooting, and upgrade and maintenance coverage.
10. TERMINATION BY LICENSOR
Subject to the Terms and Conditions stipulated above, Licensor shall be entitled to terminate this EULA effective immediately upon serving written notice on the Licensee in the following circumstances; if Licensee commits a material breach of any of its obligations under this EULA which is not capable of remedy or if Licensee commits a material breach of any of its obligations under this EULA which is not remedied within fifteen (15) calendar days after receipt of a notice from Licensor. If Licensee use Licensed Software to commit any illegal or wrongful acts, Licensor is entitled to prohibit Licensee from using the Licensed Software immediately without any notice. Termination of this EULA shall not affect any rights, obligations or liabilities of either party which have accrued before termination or which are intended to continue to have effect after termination. Licensee will not be able to use Licensed Software upon termination of this Agreement.
11. NO WARRANTY ON LICENSED SOFTWARE
The Software is provided to Licensee "as is." the Licensor, and the Licensor suppliers, affiliates, agents, employees make no warranty as to its use or performance. The Licensor, and the Licensor affiliates, make no warranties, conditions, representations, or terms (express or implied whether by statute, common law, custom, usage, or otherwise) as to any matter including without limitation to non-infringement of third party rights, merchantability, integration, satisfactory quality, or fitness for any particular purpose, except for, and to the extent, that a warranty may not be excluded or limited by applicable law in licensee's jurisdiction.
You expressly acknowledge and agree that, to the extent permitted by applicable law, use of the Software is at your sole risk, and the entire risk as to satisfactory quality, performance, accuracy is with you. No oral or written information or advice given by Licensor or an authorized representative shall create warranty.
The Software may contain “open source” materials (e.g., any software subject to open source, Copyleft, GNU General Public License, Library General Public License, Lesser General Public License, Mozilla Public License, Berkeley Software Distribution License, Open Source Initiative License, MIT, Apache or public domain licenses, or similar license). Licensor makes no warranties with respect to open source materials contained in the Software. these EULA’s provisions on restriction of liability shall apply.
12. LIMITATION OF LIABILITY
In no event will the Licensor, or the Licensor's affiliates, its employees, agents be liable for any damages, claims, or costs whatsoever, or for any consequential, indirect, special, punitive, incidental damages, or any loss of profits or savings, even if a representative of the Licensor or one of the Licensor's affiliates has been advised of the possibility of such loss, damages, claims, or costs, or for any claim by any third party. These limitations and exclusions apply to the extent permitted by applicable law in Licensee's jurisdiction. The aggregate liability of the Licensor, and the Licensor affiliates, its employees, agents under or in connection with this EULA, shall be limited to the fees licensee has paid for the Software, if any.
If the Software is subject to a threatened, potential or actual claim of infringement of another's right for which Licensor may be liable, the Licensee will make prompt and reasonable efforts to stop using and delete the software upon receiving Licensor’s written notice (including by email), Licensor may provide Licensee with a replacement or updated or modified software free of charge. In such circumstance, Licensor shall not bear other liabilities to you.
You will indemnify and hold Licensor harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including attorney's fees) arising from or relating to Licensee's illegal or improper uses of the Software from any third party. Licensee's obligations under this section shall survive the expiration or termination of this agreement.
14. EXPORT RESTRICTIONS
You may not use or otherwise export or re-export the licensed software to any countries or territories sanctioned by the United Nations or the USA. By using the licensed software, you represent and warrant that you are not located in any such countries.
15. MISCELLANEOUS PROVISIONS
Either party's failure to exercise any of its rights or responsibilities shall not constitute or be deemed to be a waiver or forfeiture of any such rights. This agreement is the entire agreement between you and licensor and supersedes any other communications or advertisements with respect to the Software and documentation. If for any reason a court of a competent jurisdiction finds any provision or portion thereof, to be unenforceable, illegal, the remainder of this agreement shall continue in full force and effect. If there is any conflict between this Agreement and the mandatory provision of any law in Licensee’s jurisdiction, the latter shall prevail.
Licensor may update this agreement from time to time, you are considered to accept such update if you keep using the Software. If you cannot accept the updated agreement, you may choose to terminate this agreement. Under such circumstance, Licensor will not bear any liabilities or expenses to you.
ACKNOWLEDGMENT BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING AND THAT YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU ALSO AGREE THAT THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN THE PARTIES AND SUPERSEDES ALL PROPOSED OR PRIOR AGREEMENTS, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN THE PARTIES RELATING TO THE LICENSE DESCRIBED HEREIN.