This copy of the APPLICATION SOFTWARE OF NAXURE LLC (NAITEL USA) and NAITEL Supplier of Technology and Networks S DE RL DE CV (NAITEL MÉXICO), hereinafter referred to as "the Software Product" and the accompanying documentation are licensed and cannot be sold or transferred.
This Software Product is protected by copyright laws and treaties, as well as laws and treaties relating to other forms of intellectual property. NAXURE LLC DBA NAITEL , NAITEL Supplier of Technology and Networks S DE RL DE CV or its subsidiaries, affiliates and suppliers (collectively "NAITEL") own the intellectual property rights to the Software. Product. Licensee's ("your") license to download, use, copy or change the Software Product is subject to these rights and all the terms and conditions of this End User License Agreement ("Agreement").
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE "ACCEPT" OPTION AND/OR DOWNLOADING THE SOFTWARE PRODUCT OR INSTALLING, USING OR COPYING THE SOFTWARE PRODUCT. YOU MUST ACCEPT ALL OF THE TERMS OF THIS AGREEMENT BEFORE YOU ARE PERMITTED TO DOWNLOAD THE SOFTWARE PRODUCT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU MUST SELECT "DECLINE" AND YOU MUST NOT INSTALL, USE OR COPY THE SOFTWARE PRODUCT.
This Agreement gives you the right to install and use one copy of the Software Product. In addition, you may make one archival copy of the Software Product. The archival copy must be on a storage medium other than a hard drive and may only be used for reinstallation of the Software Product.
This Agreement does not permit the installation or use of multiple copies of the Software Product, or the installation of the Software Product on more than one computer at a time, on a system that allows application sharing, on a network of multiple users, or on any configuration or computer system that allows multiple users. The use or installation of multiple copies is only permitted if you obtain an appropriate license agreement for each user and each copy of the Software Product.
The Software Product may display, include or make available third party content (including data, information, applications and other product services) or provide links to third party websites or services.
You acknowledge and agree that NAITEL shall not be responsible for any Third Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, quality, or any other aspect thereof. NAITEL does not assume and will not have any obligation or liability to You or any other person or entity for the Third Party Services.
You must comply with the applicable Third Party Terms of Agreement when using the Application. Third party services and links may be provided upon request for your convenience. Accessing and using them is at your own risk and subject to the Terms and Conditions of such third parties.
Without first obtaining the express written consent of NAITEL, you may not re-assign your rights and obligations under this Agreement to some other person, party, or entity, nor redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer your rights to the NAITEL Product Software.
You may not use, copy or install the Software Product on any system with more than one computer, or permit the use, copying or installation of the Software Product by more than one user or on more than one computer. If you have multiple validly licensed copies, you may not use, copy, or install the Software Product on any system with more computers than the number permitted by the license, or permitted use, copying, or installation by more users, or on more computers than the number permitted by the license. You may not decompile, "reverse engineer", disassemble, or otherwise attempt to obtain the source code of the Software Product. You may not use the database portion of the Software Product in connection with any software other than the Software Product.
Restrictions on Alterations
You may not modify the Software Product or create any derivative works of the Software Product or accompanying documentation. Derivative works include, but are not limited to, translations. You may not alter any files or libraries in any part of the Software Product. You may not reproduce the database portion or create any tables or reports related to the database portion.
You may not copy any part of the Software Product except to the extent that the licensed use inherently requires the creation of a temporary copy stored in computer memory and not permanently affixed to a storage medium. You can make an archival copy that needs to be stored on media other than a computer's hard drive.
For a period of 30 days from the date of shipment or the date of download of the Software Product, as applicable, NAITEL warrants that, when properly installed and used under normal conditions, the Software Product will perform substantially as advertised.
UNLESS NAITEL EXPRESSLY AGREES OTHERWISE IN WRITING, NAITEL MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS STATED HEREIN IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SOFTWARE PRODUCT.
NAITEL does not guarantee that the Software Product will meet your requirements or function under your specific conditions of use. NAITEL does not guarantee that the operation of the Software Product will be secure, error-free or uninterrupted.
YOU MUST DETERMINE WHETHER THE SOFTWARE PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UN-INTERRUPTION. YOU ASSUME SOLE AND ENTIRE RESPONSIBILITY FOR ANY LOSSES INCURRED DUE TO THE FAILURE OF THE SOFTWARE PRODUCT TO MEET YOUR REQUIREMENTS. NAITEL SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR LOSS OF DATA ON ANY COMPUTER OR DATA STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL NAITEL, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SOFTWARE PRODUCT, WHETHER DUE TO BREACH OF CONTRACT, BREACH OF WARRANTY, OR NEGLIGENCE OF NAITEL OR ANY OTHER PARTY, EVEN IF NAITEL IS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES, TO THE EXTENT THE APPLICABLE JURISDICTION LIMITS NAITEL'S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
Your remedy for breach of this Agreement or any warranty contained in this Agreement is correction or replacement of the Software Product. The selection to correct or replace will be solely at the discretion of NAITEL. NAITEL reserves the right to substitute a functionally equivalent copy of the Software Product as a replacement. If NAITEL is unable to provide a replacement or substitute Software Product or corrections to the Software Product, your only alternative remedy shall be a refund of the purchase price of the Software Product excluding shipping and handling charges.
Any claim must be made within the applicable warranty period. All warranties cover only defects that arise under normal use and do not include faults or failures resulting from misuse, abuse, neglect, alteration, electrical power problems, acts of nature, unusual temperatures or humidity, improper installation or damages that NAITEL determines to have been caused by you. All limited warranties for the Software Product are made solely to you and are non-transferable. You agree to indemnify and hold NAITEL harmless from all claims, lawsuits, liabilities, expenses or costs arising from your breach of this Agreement and/or acts or omissions.
This Agreement will remain in effect until terminated by You or NAITEL. NAITEL may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without notice.
This Agreement will terminate immediately, without notice from NAITEL, if you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies of it from your Device or your computer.
Upon termination of this Agreement, you must stop using the Software Product and delete all copies of the Application from your Device(s).
Termination of this Agreement will not limit any of NAITEL's rights or remedies at law or in equity for any breach by you (during the term of this Agreement) of any of your obligations under this Agreement or other obligations you may have incurred with NAITEL.
This Agreement is governed by the laws of Texas, the United States, and Mexico, depending on where the Software Product was purchased or acquired, without regard to conflict or choice of law provisions of these parties.
By using the Software Product, you confirm and warrant that (i) you are not located in a country subject to a United States Government embargo, or that has been designated by the United States Government as a "terrorist supporting" country, and (ii) is not included on any United States Government list of prohibited or restricted parties.
The laws of the country, depending on where the purchase or acquisition of the Software Product was made, excluding its conflicts of laws, will govern this Agreement and your use of the Software Product.
Your use of the Software Product may also be subject to other local, state, national or international laws.
If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will remain in full force and effect. To the extent that applicable laws do not allow express or implied restrictions, these express or implied restrictions will remain in full force and effect to the fullest extent permitted by such applicable laws.
NAITEL reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is substantive, we will provide you with at least 30 days' notice before any new terms take effect. What constitutes a substantive change will be determined in the sole discretion of the Company.
By continuing to access or use the Application after the revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.
The Agreement constitutes the entire agreement between You and NAITEL regarding your use of the Software Product and supersedes all prior and contemporaneous written or oral agreements between You and NAITEL.
You may be subject to additional terms and conditions that apply when you use or purchase other NAITEL services, which NAITEL will provide to you at the time of such use or purchase.
If you have any questions about this Agreement, you can contact us:
By visiting this page on our website: https://naitel.com/contact-us
or by mail to:
14913 Bert Cameron Ave.
El Paso, TX 79938
or to our operations center in Mexico at:
NAITEL Technology and Network Provider S DE RL DE CV
De Los Cerda 8572, Los Cedros,
32539 Cd Juárez, Chihuahua, México