End User License Agreement

 

This End User License Agreement is a legal agreement between you and Nektony LP. By installing the Nektony applications, you are agreeing to be bound by the terms and conditions of this License Agreement. The terms and conditions of this License Agreement also apply to any updates, supplements, Internet-based services, and support services for the Nektony applications, unless other terms accompany those items.


Introduction to Terms & Conditions
By downloading and using the Software by Nektony LP these terms will automatically apply to you. Please, read them carefully before using the Nektony LP Software. If you have any queries about the Software or these Terms, you can contact us (identified below). If you do not agree with these Terms, you should stop using the Software immediately.

General Rules
After you buy the Software, it is for your own personal use, but you cannot send it on to anyone else, and you’re not allowed to copy, or modify the Software, any part of the Software, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the Software, and you also shouldn’t try to translate the Software into other languages or make derivative versions. The Software itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Nektony LP.

Proprietary Rights
The copyright in all material contained on, in, or available through the Software including all information, data, text, sounds, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material (“Material“) is owned/licensed by Nektony LP. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without a permission.

Compliance with Laws
You may use the Software only in compliance with this Agreement. You agree to not use this Software as a means or in a manner that violates any local, state, Federal laws international treaties.

Third Party Interaction and Links
The Software may contain links to websites operated by third parties (“Third Party Websites“). Nektony LP may monetise some of these links through the use of third party affiliate programs. Notwithstanding such affiliate programs. Nektony LP does not have any influence or control over any such Third Party Websites and, unless otherwise stated, is not responsible for and does not endorse any Third Party Websites or their availability or contents.
In your use of the Software, you may open any document and file and any such activity or any terms, conditions associated with such activity, is solely between you and the applicable third-party data. Nektony LP has no liability, obligation or responsibility for any such documents and data between you and any such third-party.

Payment, Order and Delivery Policy
Nektony offers FastSpring, Google, Apple App Store or Affilate platform payment options for the Software. All payments can be made from any bank charges. You will be required to submit payment in advance for the Software. Advanced features of the selected Software will be disabled until payment is received. If you pay via FastSpring payment platform, you will receive the license codes by electronic transmission, electronic access or download.

Refund Policy
If you have any questions, contact Nektony team at [email protected]. We will help you with any technical difficulties. In case you are not completely satisfied with our services, you are entitled to a full refund. Note: If you bought the Software via Fastspring, you can send a request of refund to Nektony team during the first 7 days of usage.  If you made payments in Apple In-App Purchases, Google or Affiliate, each payment platform has its own refunds policy and you need to contact them directly.

Termination
This Agreement is active until terminated. Your rights under this License will terminate automatically without notice if you fail to comply with any terms and conditions or otherwise fail to pay the fees and charges, if any, payable to us and associated with your use of the Software. Upon the termination of this License, you shall cease all use and destroy, remove or delete all copies, full or partial, of the Software on your computer or device and otherwise in your possession or control. Any term or condition of this Agreement which by its plain meaning shall be and must be performed after termination shall survive termination.

Warranty Disclaimer
Use of Nektony Software and any reliance by you upon the Software, including any action taken by you because of such use of reliance, is at your sole risk. The licensed Software and any services performed or provided by the licensed Software are provided “As Is” with all faults and without warranty of any kind. Nektony LP regularly makes fixes, enhancements, and upgrades to its Software for your benefit. The Software may be temporarily not available due to technical maintenance and IT infrastructure updates. Your sole and exclusive remedy for any failure or nonperformance of the Software shall be for Nektony LP to use commercially and timely reasonable efforts to adjust or repair the Software. And the entire risk as to satisfactory quality, performance, accuracy and effort is with you. Nektony LP accepts any bug report and determines independently illation the terms of fixing them according to its schedule and rules. No oral or written information or advice given by Software customer shall create a warranty. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory right of a consumer, so the above exclusion and limitations may not apply to you.

Entire Terms & Conditions
No joint venture, partnership, employment, or agency relationship exists between you and Nektony LP as a result of this agreement or use of the Software. The failure of Nektony LP to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Nektony LP in writing.

Miscellaneous
If any condition of the Agreement is found to be unenforceable or invalid, that condition will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force, in effect and enforceable.
Nektony LP and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties, supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

Contact
If you have any questions about the Terms & Conditions, please contact Nektony LP by email at [email protected]