A. nuutok Online Store License. If you obtained a license for the nuutok Software from the nuutok Online Store, then subject to the terms and conditions of this license and as permitted by the nuutok Online Store Usage Rules set forth in the Online Store Terms and Conditions, you are granted a limited, non-transferable, non-exclusive license:
(i) to download, install, use and run for personal or commercial use, one (1) copy of the nuutok Software directly on each nuutok-branded computer running nuutok OS that you own or control; and,
(ii) to download, install, use and run for personal or commercial use, one (1) copy of the nuutok Software directly from each nuutok Conversion Kit (“nuutok Key”) that you own or control and to only one (1) non nuutok-branded computer that you own or control.
B. Volume or Maintenance License. If you obtained the nuutok Software under a volume or maintenance license program with nuutok, the terms of your volume or maintenance license will determine the number of copies of the nuutok Software you are permitted to download, install, use and run on nuutok-branded and/or non nuutok-branded computers you own or control. Except as agreed to in writing by nuutok, all other terms and conditions of this license shall apply to your use of the nuutok Software obtained under a volume or maintenance license.
C. System Requirements – nuutok ID. Please note that the nuutok Software is supported on only nuutok-branded hardware and non nuutok-branded hardware that meets specified system requirements as indicated by nuutok. In addition, use of and access to certain features of the nuutok Software and certain services may require you to apply for a unique user name and password combination, known as a nuutok ID.
D. Other Use Restrictions. The grants set forth in this License do not permit you to, and you agree not to, install, use or run the nuutok Software on non-nuutok-branded computer for which you do not own or control a nuutok Key, or to enable others to do so. Unless otherwise permitted by the terms of this License or as otherwise licensed by nuutok: (i) only one computer may run the nuutok Software at a time, and (ii) you may not make the nuutok Software available over a network where it could be run or used by multiple computers at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the nuutok Software or exploit any services provided by the nuutok Software in any unauthorized way.
E. Backup Copy. You may make one copy of the nuutok Software in machine-readable form for backup purposes only; provided that the backup copy must include all copyright or other proprietary notices contained on the original.
F. Migration of Existing Software. If you transfer the nuutok Software from one non nuutok-branded computer to another non nuutok-branded computer, please remember that continued use of the original copy of the software is prohibited once a copy has been transferred to another computer, unless you already have a licensed copy of such software on both computers. Third party software and services may not be compatible with this nuutok Software and installation of this nuutok Software may affect the availability and usability of such third party software or services, as well as nuutok products and services.
G. No Reverse Engineering; Limitations. You may not, and you agree not to or to enable others to :
(i) copy (except as expressly permitted by this License or by the Usage Rules if they are applicable to you); and,
(ii) decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, create derivative works of the nuutok Software or any services provided by the nuutok Software or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by licensing terms governing use of the open source components that may be included with the nuutok Software).
H. nuutok Profile Manager.
1. Unless you are a nuutok Certified Retailer (“NCR”), and authorized to so by your respective clients, you may use Profile Manager solely for your company or organization. Profile Manager enables you to manage nuutok-branded and non nuutok-branded products that work with this service. You may not use Profile Manager to manage products that are not within your company or organization or, as an authorized NCR, your clients’ company or organization, or that are not managed for your own personal use. You may not provide a service to third parties that integrates with or leverages services or information provided by Profile Manager or uses Profile Manager in any way, unless your are an NCR and authorized in written to do so by nuutok.
2. You understand and agree that all information that you obtain through the use of Profile Manager may be used only for your own internal purposes within your company or organization, your respective clients’ company or organization or for your own noncommercial, personal use. When using Profile Manager to manage nuutok-branded (nuutok©) and non nuutok-branded products, you are responsible for informing users that you will be able to interact with such products, including but not limited to configuring, supervising, and wiping such products remotely. As a condition to using Profile Manager, you represent and warrant to nuutok that you have all the necessary rights and consents to collect and use any information you obtain through the use of Profile Manager in this manner.
3. Unless your company or organization, or your respective clients’ company or organization is a member of the nuutok Developer Program, or you are a nuutok Developer Program licensee, you may not use Profile Manager for such purposes. To the extent that Profile Manager may be used by you to load content and other applications, it is licensed to you only for loading of content you are authorized or legally permitted to load. As a condition to using Profile Manager, you agree and you represent and warrant to nuutok that all such applications and content have been appropriately licensed for such uses and are being used in accordance with all applicable license terms.
4. In addition, you may use the Profile Manager feature of the nuutok Software to enable software updates for certain nuutok-branded software, provided that each such nuutok-branded client or server computer or device that you update is licensed to receive such software updates and that all such use of this feature is solely for internal use within your company or organization or, your respective clients’, for your own non-commercial, personal use, and is not otherwise prohibited by the license agreements accompanying the software you would like to make available in this manner.
I. Internet Reachability – Network Diagnostic Tests. Unless you click « disagree » because you disagree with the terms of this License, the nuutok Software will perform network diagnostic tests to assist you in setting up, configuring and monitoring your nuutok Servers to determine if they are functioning properly and how they are accessible over the Internet. As part of performing these tests, you agree that nuutok will query your nuutok Servers and that your external IP address and the port numbers of running server services on your nuutok Servers will be accessed and displayed within the nuutok Software. This information will be sent to nuutok to provide you with network diagnostic test results and nuutok will retain your external IP address solely for quality assurance and capacity management purposes for your nuutok Servers. By installing or using the nuutok Software, you acknowledge and agree that nuutok has your permission to collect, transmit, maintain, process and use the information described above in accordance with these terms. If you do not agree to the foregoing, you may disable the 2synch and 2enjoy functions of the nuutok Software at any time or click “disagree” because you do not agree to the terms and conditions of this License.
J. Software Update Server. You may use the Software Update Server feature of the nuutok Software to host software updates to nuutok OS and other nuutok and third party software on your nuutok Server for access by nuutok-branded and non nuutok-branded client computers, provided that each such client computer is licensed to receive such software updates and that all such use of this Software Update feature is solely for internal use within your company or organization, or your clients’, or for your own non-commercial, personal use, and is not otherwise prohibited by the license agreements accompanying the software you would like to make available in this manner.
K. Compliance with Laws. You agree to use the nuutok Software and any services in compliance with all applicable laws, including local laws of the country or region in which you reside or in which you download or use the nuutok Software and services.