USER LICENSE AGREEMENT
PLEASE READ THIS USER LICENSE AGREEMENT CAREFULLY BEFORE USING NudgeMe.ai APP.
By installing and/or using NudgeMe.ai ("APP") containing this APP, you agree that this User License Agreement (ULA) is a legally binding and valid contract and agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Your use of NudgeMe.ai indicates your acceptance of this license agreement and warranty.
Subject to the terms of this Agreement, Maple Services Kingston Inc (MSK) grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use NudgeMe.ai in accordance with this Agreement and any other written agreement with MSK. MSK does not transfer the title of NudgeMe.ai to you; the license granted to you is not a sale. This agreement is a binding legal agreement between MSK and the purchasers or users of NudgeMe.ai.
If you do not agree to be bound by this agreement, remove NudgeMe.ai from your devices ( Phone, Tablet, Desktop, Laptop & other devices).
2. Disclaimer of warranty
NudgeMe.ai app and the accompanying data files are sold or provided as a service "as is" and without warranties as to performance or merchantability or any other warranties whether expressed or implied. This disclaimer concerns all files generated and edited by nudgeme.ai as well.
NudgeMe.ai and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only.
4. Consent of use of Data
You agree that MSK may collect and use information gathered in any manner as part of the product support or report generation services provided to you, if any, related to NudgeMe.ai. MSK may also use this information to provide notices to you which may be of use or interest to you.
5. User Agreement
5.1 Use of Product & Services
Your license to use NudgeMe.ai is limited to the number of licenses subscribed by you. You shall not allow others to use, copy or evaluate copies of NudgeMe.ai.
5.2 Use of Restrictions
You shall use NudgeMe.ai in compliance with all applicable laws and not for any unlawful purpose.
5.3 Copyright Restriction
This APP contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile NudgeMe.ai . Nor can you create any derivative works or other works that are based upon or derived from NudgeMe.ai in whole or in part.
MSK's name, logo and graphics file that represents NudgeMe.ai shall not be used in any way to promote products developed with NudgeMe.ai. MSK retains sole and exclusive ownership of all right, title and interest in and to NudgeMe.ai and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of NudgeMe.ai, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for MSK
5.4 Limitation of Responsibility
You will indemnify, hold harmless, and defend MSK’s, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of MSK’s APP.
In no event (including, without limitation, in the event of negligence) will MSK’s, its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, NudgeMe.ai or the use or inability to use NudgeMe.ai or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
Except as expressly stated in writing, MSK makes no representation or warranties in respect of this APP and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.
5.6 Governing Law
This Agreement shall be governed by the law of CANADA applicable therein. You hereby irrevocably attorn and submit to the non-exclusive jurisdiction of the courts of CANADA therefrom. If any provision shall be considered unlawful, void or otherwise unenforceable, then that provision shall be deemed severable from this License and not affect the validity and enforceability of any other provisions.
5.7 Termination ::
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of this license granted herein for any reason, you agree to immediately cease use of NudgeMe.ai and destroy all copies of NudgeMe.ai supplied under this Agreement.