LEGAL NOTICE - READ CAREFULLY
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IMPORTANT NOTICE - READ CAREFULLY: This license for USERS of the SOFTWARE is the agreement which governs use of the SOFTWARE. By downloading, installing, copying, distributing, redistributing, or otherwise using the SOFTWARE, you agree to be bound by the terms of this license. If you do not agree to the terms of this license, do not download, install, copy, distribute, redistribute, or otherwise use the SOFTWARE.
PREAMBLE
Nimi is maintained by a natural person in the course of a purely personal and household activity - research, educational and artistic craftsmanship oriented - which is undertaken within including but not limited to context of social networking, community maintaining, correspondence and maintaining address.Nimi is not an enterprise or organization, is nonprofit, is with no connection to a professional or commercial activity.
DEFINITIONS
- ANY. Any means without limitation.
- COMPONENT PARTS. Component parts means including but not limited to all resources, computer programs or other media.
- SOFTWARE. Software means including but not limited to the computer program and its COMPONENT PARTS.
- LICENSOR. Licensor means the current holder of the rights to the SOFTWARE, whether the original creator or ANY party to whom those rights have been explicitly transferred, together with ANY representative notarially authorized by that holder.
- NON-COMMERCIAL USE. Non-commercial use means that you are not getting compensated in ANY form for the products and, or services you develop directly using the SOFTWARE.
- THIRD PARTY. Third party means ANY party that is not the LICENSOR.
- USERS. Users means all including but not limited to those whom or that are using the SOFTWARE.
- INFORMATION. Information means ANY knowledge, facts or data including but not limited to binary, voice or visual.
- STORAGE. Storage means ANY including but not limited to devices or services capable of processing and keeping INFORMATION.
- DOWNLOAD. Download means including but not limited to retrieving INFORMATION from STORAGE.
- UPLOAD. Upload means including but not limited to submitting INFORMATION to STORAGE.
- STORE. Store means including but not limited to processing and keeping INFORMATION on STORAGE.
- SOURCES OF LAW. Sources of law mean ANY applicable laws, rules, codes, agreements and regulations.
- PERSONAL DATA. ANY INFORMATION considered personal under SOURCES OF LAW.
- SEPARATE TERMS. Separate terms means ANY terms of use, privacy policies, contractual documents, or other binding conditions that apply independently of this license and are not part of, governed by, or incorporated into this license.
LICENSE
DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
No Warranties:
THE SOFTWARE IS PROVIDED BY THE LICENSOR "AS IS", WITH ALL FAULTS, AND THE LICENSOR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT.
No Liability for Consequential Damages:
TO THE MAXIMUM EXTENT PERMITTED BY SOURCES OF LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIMITATIONS
- No Reverse Engineering. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, nor modify the SOFTWARE.
- No Separation of Components. The SOFTWARE is licensed as a single product. Its COMPONENT PARTS may not be separated, nor otherwise used separately from the other parts.
- Free for NON-COMMERCIAL USE. The SOFTWARE is only for NON-COMMERCIAL USE.
- No Unauthorized Distribution. Distribution of the SOFTWARE requires a separate written agreement issued by LICENSOR specifying allowed duration and conditions.
- You acknowledge and agree that the SOFTWARE must not be used with ANY PERSONAL DATA, as such use is contrary to its intended design and exceeds it. If you nevertheless choose to use ANY PERSONAL DATA with the SOFTWARE, where such use also encompasses processing, you acknowledge and agree that you do so solely at your own risk, assume full and exclusive liability for such use, including ANY purposes or means involved in it, and act as the sole "Data Controller" under SOURCES OF LAW. You further acknowledge and agree that the LICENSOR shall not be deemed a "Data Controller", "Joint-Data Controller" or "Data Processor" for ANY such use.
- You may not analyze, study, observe, test, or otherwise examine the operation of the SOFTWARE for the purpose of creating, improving, or providing ANY competing or related software, products, or services, whether directly or indirectly.
INTERPRETATION AND EXCLUSIONS
- The LICENSOR has no obligation to monitor, verify, validate, review, or control ANY use of the SOFTWARE or ANY INFORMATION processed by the SOFTWARE.
- You acknowledge and agree that you have not relied on ANY statements, descriptions, demonstrations, or representations not expressly included in this license.
- Nothing in this license creates ANY advisory, fiduciary, professional, or special relationship between you and the LICENSOR.
- You acknowledge and agree that all decisions made using the SOFTWARE are made solely by you, and the LICENSOR assumes no responsibility for ANY consequences arising from such decisions.
- Nothing in this license shall be construed as creating ANY obligation on the LICENSOR to update, maintain, support, fix, patch, improve, or continue providing the SOFTWARE or ANY of its features.
- No explanations, interpretations, obligations, or warranties not expressly stated in this license shall be implied or used in ANY FORM against the LICENSOR or the SOFTWARE.
- The LICENSOR makes no representation or warranty regarding the accuracy, correctness, completeness, reliability, or suitability of ANY output, result, or behavior of the SOFTWARE.
- The LICENSOR has no obligation to prevent, mitigate, warn about, or protect against ANY potential or actual harm, loss, or damage arising from the use of the SOFTWARE.
- The LICENSOR assumes no responsibility for ANY incompatibility, malfunction, or failure caused by your hardware, operating system, configuration, environment, or THIRD PARTY software.
- The SOFTWARE does not guarantee compliance with SOURCES OF LAW, and the LICENSOR bears no responsibility for ensuring such compliance.
- To the maximum extent permitted by SOURCES OF LAW, all obligations, duties, warranties, and liabilities of the LICENSOR are excluded.
REPRESENTATIONS AND USERS WARRANTIES
- You warrant that you have the legal capacity and authority to adhere to this license.
- You warrant that your use of the SOFTWARE is compliant with this license and SOURCES OF LAW.
- You warrant that your use of the SOFTWARE does not violate the rights of ANY THIRD PARTY, including intellectual property rights, confidentiality obligations, or contractual restrictions.
MISCELLANEOUS
- If ANY provision of this license is inconsistent with, or cannot be fully enforced under, the SOURCES OF LAW, such provision will be construed as limited to the extent necessary to be consistent with and fully enforceable under the SOURCES OF LAW.
- This license governs only the SOFTWARE, and is the final, complete and exclusive agreement between the parties relating to the subject matter hereof, and supersedes all prior or contemporaneous understandings and agreements relating to such subject matter, whether oral or written.
- This license may only be modified by LICENSOR in a written instrument.
- This license shall be interpreted in a manner that preserves the maximum enforceability of its terms to the benefit of the LICENSOR.
- No failure or delay by the LICENSOR in exercising ANY right under this license shall constitute a waiver of that right.
PRIVACY POLICY
- You acknowledge and agree that although the SOFTWARE is designed with reasonable considerations for security and privacy, it is provided "AS IS" and no security or privacy warranties of ANY kind are made or implied. You are solely responsible for securing STORAGE and for ensuring that your environment provides adequate protection for ANY INFORMATION you choose to process with the SOFTWARE.
- You acknowledge and agree that ANY INFORMATION, including but not limited to ANY PERSONAL DATA, that you choose to process with the SOFTWARE, or that the SOFTWARE may access as part of its functionality, remains solely under your control and responsibility, thereby designating you as the sole "Data Controller" for such INFORMATION, and you are solely responsible for ensuring compliance with all SOURCES OF LAW.
- You acknowledge and agree that the SOFTWARE may STORE ANY INFORMATION only as required for its functionality, and only on STORAGE chosen by you or STORAGE determined by your running environment.
- You acknowledge and agree that the SOFTWARE may use ANY INFORMATION solely as required to adjust its material or behavior for its functionality.
- You acknowledge and agree that the SOFTWARE may collect, process, UPLOAD, DOWNLOAD, or STORE ANY INFORMATION to or from a THIRD PARTY only when you explicitly use a feature that relies on a THIRD PARTY. You are solely responsible for ensuring that ANY INFORMATION you UPLOAD to, or DOWNLOAD from, a THIRD PARTY (a) is handled solely by that THIRD PARTY, (b) is handled in accordance with THIRD PARTYSEPARATE TERMS, and (c) does not violate SOURCES OF LAW.
- You acknowledge and agree that LICENSOR does not request, require, expect, or intend to receive, collect, process, UPLOAD, DOWNLOAD, or STORE ANY INFORMATION, including but not limited to ANY PERSONAL DATA, and therefore does not act as a "Data Processor" for such INFORMATION, including in ANY situation where such INFORMATION is sent to the LICENSOR contrary to this license.
- You acknowledge and agree that you are solely responsible to ensure that ANY INFORMATION you UPLOAD to the LICENSOR does not contain ANY PERSONAL DATA, and that its inclusion is entirely at your own risk and responsibility and constitutes a violation of this license.
- The LICENSOR will only receive and process ANY INFORMATION you explicitly (opt-in) UPLOAD by using a feature that communicates with the LICENSOR (for example, update-availability checks). Such INFORMATION is intended to not contain ANY PERSONAL DATA, and its processing does not designate the LICENSOR a "Data Processor".
- The SOFTWARE does not automatically UPLOAD ANY INFORMATION to or DOWNLOAD ANY INFORMATION from the LICENSOR without your explicit opt-in action.
- The LICENSOR does not receive or access ANY PERSONAL DATA in the normal operation of the SOFTWARE. Based on this design, the LICENSOR does not act as a "Data Controller" or "Data Processor" under SOURCES OF LAW. If the LICENSOR inadvertently receives ANY PERSONAL DATA contrary to this design, such data will, within the LICENSOR capabilities and reasonable circumstances, be promptly deleted and not used for ANY purpose, with such deletion carried out solely to comply with SOURCES OF LAW and without creating or implying ANY obligation, data-processing role, or responsibility beyond the removal of the inadvertently received data.
- You acknowledge and agree that, if you explicitly (opt-in) choose to use a feature of the SOFTWARE that requires the SOFTWARE to UPLOAD ANY INFORMATION to the LICENSOR or DOWNLOAD ANY INFORMATION from the LICENSOR solely for its functionality, such feature may be governed by SEPARATE TERMS that you must review and accept before using that feature. Such SEPARATE TERMS are independent of and not part of this license.
- You acknowledge and agree that ANY SEPARATE TERMS governing ANY feature may be modified at ANY time by the party that controls those SEPARATE TERMS, and the LICENSOR has no obligation to notify you of any such changes, including in situations where the LICENSOR is that controlling party. Your continued use of ANY such feature after ANY modification constitutes acceptance of the updated SEPARATE TERMS, which must remain in compliance with this license. You are solely responsible for reviewing such SEPARATE TERMS before enabling or continuing to use ANY such feature.
- You acknowledge that you may disable ANY opt-in feature dependent on the SOFTWARE falling under points h and i at ANY time, and that disabling it takes effect as soon as reasonably possible.
INDEMNIFICATION
To the maximum extent permitted by SOURCES OF LAW, you agree to defend, indemnify, and hold harmless the LICENSOR, ANY person or entity associated with the LICENSOR or the SOFTWARE, as well as ANY party arising from upstream obligations, collectively including but not limited to family members, contributors, maintainers, and volunteers, from and against ANY claims, actions, suits, or proceedings, as well as ANY losses, liabilities, damages, costs, and expenses (including fees) arising out of or accruing from (a) your use of the SOFTWARE, (b) anything created by using the SOFTWARE that infringes ANY intellectual‑property right or violates ANY person's rights, and (c) ANY non‑compliance by you with this license.
TERMINATION
- This license will automatically terminate if you fail to comply with ANY of the terms and conditions hereof. In such event, you must immediately stop using and destroy all copies of the SOFTWARE.
- When this license agreement comes to an end, all of the legal rights that LICENSOR have benefited from (or which have accrued over time whilst this license agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation and continue to apply indefinitely.
- The provisions on indemnification, limitations of liability, disclaimers, and restrictions on use shall survive termination.
- Defensive Suspension. If you commence or participate in ANY legal proceeding against LICENSOR then LICENSOR may, in its sole discretion, suspend or terminate all license grants and ANY other rights provided under this license during the pendency of such legal proceedings.
LEGAL NOTICE
The SOFTWARE is made with and in research and educational purposes, artistic craftsmanship, and good faith. This license refers to the SOFTWARE being licensed under this license.