PyNVMe3 End User License Agreement
Last Modified: January 28, 2023
Copyright © 2021-2023 GENG YUN Technology Pte. Ltd.
All Rights Reserved.
Unless otherwise permitted in writing, GENG YUN TECHNOLOGY PTE. LTD. (including all its affiliates and subsidiaries) (collectively “GYTech”) hereby agrees to grant to you a non-exclusive and non-transferable license to access and use (“Usage Rights”) Software PyNVMe3 Revision 23 (and its update Revisions 23.x), including source code, binaries, scripts, documents, and any other files that reference this license (collectively, the “Software”), subject to your agreement to be bound by the following terms and conditions of this End User License Agreement (“EULA”).
By downloading the installation or your use of the Software or your express agreement to this EULA, you agree to be bound by the terms of this EULA. If you do not have the requisite authority or capacity to enter into this EULA or you do not agree with the terms herein, do not use the Software and return the same to GYTech and disable or uninstall it.
GYTech may change this EULA or any of its provisions and components by updating this EULA from time to time. Any such changes made to this EULA apply to the use of the Software after the date of such modification(s).
- The Usage Rights are granted to you for your direct benefit within ONE year from the date of purchase. You may permit individuals such as your employees who are authorized to exercise the Usage Rights on your behalf provided you remain responsible for (a) ensuring that such third parties who are duly authorized by you comply with this EULA and (b) any breach of this EULA by any such third parties.
- GYTech provides the Software “AS IS” without support or any form of express or implied guarantee or indemnity for any problems or issues, including but not limited to the guarantee of merchantability, suitability for a specific purpose and non-infringement. Under no circumstances shall GYTech, the author or copyright owner, be responsible for any claims, damages or other liabilities relating to your use of the Software.
- Nothing in this EULA transfers ownership in, or grants any license to any intellectual property rights. GYTech owns and reserves all rights, ownership and interests in all content and data (including source code, binaries, scripts and documents) provided by GYTech as part of your use of the Software.
- If any upgrades, updates or modifications to the Software beyond the scope of our Usage Rights is provided by GYTech, such upgrades, updates or modifications will become a part of the Software and usage is accordingly governed by and subject to the terms of this EULA.
- In respect of any non-public proprietary information obtained by you in connection with this EULA which is conspicuously marked as confidential or is information which by its nature should reasonably be considered confidential whether disclosed in writing or verbally (“Confidential Information”), you shall hold such Confidential Information in confidence and use no less than reasonable care to avoid disclosure of such Confidential Information to any third party.
- You shall not (a) redistribute the Software or any of its components; (b) transfer, export the Software or any of its components; (c) delete or modify any ownership or copyright notices contained in the Software or any of its components; (d) disassemble, decrypt, decompile, reverse engineer or use any other method or mode whatever to obtain source code or other copyright works belonging to the Software; (e) use the Software for any competitive analysis or development of competitive products or services under any circumstances.
- You shall ensure that your use of the Software complies with all applicable laws and regulations including those applicable to your obligations under this EULA, including but not limited to such laws and regulations relating to patents, trademarks, copyrights and any other proprietary or intellectual property rights. GYTech reserves the absolute right to restrict the availability of the Usage Rights in any particular location or discontinue such Usage Rights to conform or comply with applicable laws and regulations.
- This EULA does not grant any right or cause of action to any third party. A person or entity who is not a party to this EULA shall not have any rights to enforce, or enjoy the benefit of, any term of this EULA.
- GYTech may immediately suspend your Usage Rights in the event of breach of any provisions in this EULA. In the event of any material breach of this EULA as determined by GYTech which is not cured within 14 days after notice given by GYTech, GYTech may terminate this EULA for cause without giving any prior notice. Upon termination of this EULA, you must stop using the Software and destroy any copies of the Software and Confidential Information within your control. If you continue to use or access the Software or any part thereof after termination, GYTech may invoice you and you agree to pay for such continued use.
- GYTech will not be liable for any indirect, incidental, exemplary, special or consequential damages, loss or corruption of data or interruption or loss of business, or loss of revenues, profits, goodwill or anticipated sales or savings. The maximum aggregate liability under this EULA is limited to the total fees received by GYTech for use of the Software.
- This EULA shall be governed by and construed in accordance with the laws of Singapore. Any dispute arising from this EULA shall be submitted to and tried by the courts of Singapore and you irrevocably agree to submit to the jurisdiction of the Singapore courts.
- This EULA represents the complete agreement between you and GYTech and supersedes all prior or contemporaneous and other communications, understandings or agreements (whether written or oral) between you and GYTech with respect to the subject matter of this EULA. The supplementary terms and conditions are stipulated in the Quotation between you and GYTech.
- You shall be taken to have read and understood all the terms and conditions as set out in this EULA and in the event you do not agree to any or all of the said terms and conditions, you are prohibited from using the password set out below for access to the Software, in which case , please do not decompress, install, access, or use the Software or any of its components and return the same to GYTech.
If you have any questions about your Usage Rights or this EULA please email to: [email protected]