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If NCH and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or NCH may commence an arbitration proceeding. The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). The Notice to NCH should be addressed to: This arbitration provision shall survive termination of this Agreement.Ī party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. Such agencies can, if the law allows, seek relief against us on your behalf. This arbitration agreement does not preclude you from bringing issues to the attention of U.S. References to "NCH" "you," and "us" include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns. This agreement to arbitrate is intended to be broadly interpreted.
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If you reside in the United States, NCH Software and you agree to arbitrate all disputes and claims between us. Customers Only: Arbitration Agreement and Class Action Waiver: PLEASE READ THIS CAREFULLY. Such courts have continuing and exclusive jurisdiction over any dispute between you and us, regardless of the nature of the dispute.ĩ. If you reside anywhere in the world outside of the United States, your relationship is with NCH Software Pty Ltd, an Australian company, and this agreement is governed by the laws and courts of the Australian Capital Territory. If you reside in the United States, your relationship is with NCH Software, Inc, a United States company, and this agreement is governed by the laws and courts of Colorado. Use of data collected by the software is subject to the NCH Software Privacy Statement which allows automatic anonymized collection of usage statistics in limited circumstances.Ĩ.
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In the event that you do distribute a software registration code, you will be liable to pay the full purchase price for each location where the unauthorized use occurs.ħ.
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You may copy or distribute the installation file of this software in its complete unaltered form but you may not, under any circumstances, distribute any software registration code for any of our programs without written permission. You agree to indemnify us from any claims relating to such use.Ħ. You may not use this software if you do not regularly backup your computer, or do not have antivirus and firewall software installed on the computer, or keep sensitive data unencrypted on your computer. You may not use this software in any circumstances where there is any risk that failure of this software might result in a physical injury or loss of life. Your entire remedy against us for all claims is limited to receiving a full refund for the amount you paid for the software.ĥ. We will not be liable for any loss arising out of the use of this software including, but not limited to, any special, incidental or consequential loss.
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If you intend to rely on this software for critical purposes you must test it fully prior to using it, install redundant systems and assume any risk.Ĥ. This software, and all accompanying files, data and materials, are distributed "as is" and with no warranties of any kind, whether express or implied except as required by law. If you do not agree to any of these terms, you may not use, copy, transmit, distribute, nor install this software - return it to the place of purchase within 14 days to receive a full refund.ģ. By installing, using or distributing the software you, on your own behalf and on behalf of your employer or principal, agree to these terms. These copyrights do not apply to any creative work made by you, the user.Ģ. Installation of this software and any software bundled with or installed-on-demand from this software, including shortcuts and start menu folders, is licensed only in accordance with these terms. The copyrights in this software and any visual or audio work distributed with the software belong to NCH Software and others listed in the about box. Please read below as these terms affect your rights.ġ. This EULA limits our liability and is governed by an arbitration agreement and venue agreement. We offer it to you on the basis that you accept our End User License Agreement (EULA).
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Software License Terms Our goal is for every user to have a successful experience with our software.
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