Terms and Conditions
Terms of Service
Please read this EULA carefully, as it sets out the terms and conditions upon which we license our Software and Service for use. This EULA is an inseparable part of Notion Wave products License Agreement between Licensor and Licensee. When you and any of your Authorized Users first install the Software, you agree to be bound by the terms and conditions of this EULA. If you do not agree to this EULA, you must not use the product for any purpose whatsoever.
- Definitions and interpretation
- In this EULA All definitions and terms from the Notion Wave License Agreement continue to be effective and the followings are added: “Computer” means a desktop, notebook, netbook, tablet, smart phone, or similar devices owned by and in the control of the Licensee; “EULA” means this end user licence agreement (including the preamble), and any amendments to it from time to time; “Software” means a HandHeld application for specific Computer; and “Upgrade” an upgrade, update, enhancement, improvement or patch to the Software supplied by the Licensor.
- The Clause headings do not affect the interpretation of this EULA.
- Term of EULA Term of this EULA is the same as the Notion Wave License Agreement
- License
- The Licensee may only use the Software and the Service for the Licensee’s own private and non-commercial purposes and in accordance with the provisions of this Clause [3].
- Subject to the payment by the Licensee of the relevant charges and fees in respect of the Software and Service license, and the Licensee’s compliance with Clauses [3.3 and 3.4] and the other provisions of this EULA as well as Notion Wave License Agreement, the Licensor grants to the Authorized User of Licensee a non-exclusive non-transferable license to:
- In the case of a HandHeld to download 1 instance of the Software and install it;
- In the case of an Enterprise use 1 instance of the Service
- The Licensee must not:
- copy or reproduce the Software or any part of the Software;
- sell, resell, rent, lease, loan, supply, distribute, redistribute, publish or re-publish the Software or any part of the Software;
- modify, alter, adapt, translate or edit, or create derivative works of, the Software or any part of the Software;
- reverse engineer, decompile, disassemble the Software or the Service;
- circumvent or remove or attempt to circumvent or remove the technological measures applied to the Software and the Service for the purposes of preventing unauthorized use;
- change or attempt to change or disclose to others, security measures such as its personal username and password and must treat such information as confidential and inform Licensor immediately if these are compromised;
- use the Software and the Service in any manner that may adversely affect the Licensor’s ability to deliver its products and services to other Authorized Users. An example of such acts is systematic download of contents,
- use the Software and the Service in a way that contravenes any code of practice, instructions or guidelines issued by regulatory authorities.
- store, access, transmit, distribute, upload, download or knowingly receive Objectionable material or to carry out Objectionable activities. Objectionable means unlawful, false, misleading, offensive, pornographic, obscene, derogatory, discriminatory, racist, inflammatory, defamatory, malicious, threatening or causing nuisance or anxiety; or likely to expose the Licensor to claims, liability, prosecution or disrepute; or actionable by any third party;
- The Licensee must:
- abide by the policies and terms and conditions stipulated by the operators of networks and services that are required in order to use the Software and the Service.
- regularly check for viruses, malware and unauthorized access of any products, services or equipment used in conjunction with the Software and the Service.
3.5 All Intellectual Property Rights in the Software will remain the property of the Licensor.
- Other Users
- The Licensee must not permit any other person to use the Software or the Service or to exercise any of the other rights granted by the Licensee to the Licensor in this EULA.
- The Licensee must ensure that any person using the Software and/or the Service in accordance with Clause [4.1] is made aware of, and agrees to, the terms of this EULA.
- Upgrades
- The Licensee may apply to the Software and the Service each Upgrade released by the Licensor and made available by the Licensor to the Licensee from time to time.
- The Licensor will have no obligation to provide support for the Software under Clause [6] in relation to any version of the Software that does not incorporate the most recent Upgrade to the Software.
- Training and Support
- The Licensor will provide to the Licensee Training and Support as agreed by both parties in Notion Wave License Agreement.
- Withdrawal of the Service
The Licensor may suspend or bar access to any service, or disable any website, or remove any website content without prior notice if it reasonably suspects there has been any violation of Notion Wave License Agreement and this EULA, or if the Licensor is required to do so by any competent agency or any third party with a legitimate interest. If you have any comments on these Terms of Service or would like any further information please email us at nwinfo@notionwave.com.