NextEdit 1.0


EULA - End User License Agreement



End User License Agreement

NOTICE TO ALL USERS: PLEASE READ THIS CONTRACT CAREFULLY. BY CLICKING THE ACCEPT BUTTON OR INSTALLING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL THE TERMS OF THIS AGREEMENT, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS CONTRACT AND DO NOT INSTALL THE SOFTWARE.

1. Definitions.
a. "Software" means (a) all of the contents of the files, disk(s), CD-ROM(s) or other media (including Internt-based and other electronic media) with which this Agreement is provided or such contents as are hosted by NextEdit or its distributors, resellers, OEM/MSP partners, or other business partners (collectively "Authorized Partner(s)"), including but not limited to (i) NextEdit or third party computer information or software; (ii) related explanatory materials in printed, electronic, or online form ("Documentation"); and (b) upgrades, modified or subsequent versions and updates (including DAT file (virus signature) updates (collectively "Updates"), and Software, if any, licensed to you by NextEdit or an Authorized Partner as part of a maintenance contract or service subscription.
b. "Use" or "Using" means to access, install, download, copy or otherwise benefit from using the Software.
c. "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by NextEdit.
d. "Computer" means a device that accepts information in digital or similar form and manipulates it for a specific result based upon a sequence of instructions.
e. "NextEdit" means (a) NextEdit, Inc., a Nevada corporation, with offices located at 4019 Goldfinch St., #301, San Diego, CA 92103.

2. License Grant. Subject to a Beta Testing Agreement and the payment of the applicable license fees, and subject to the terms and conditions of this Agreement, NextEdit hereby grants to you a non-exclusive, non-transferable license to Use the Software subject to any restrictions or usage terms specified on the applicable price list or product
Documentation. Some third party materials included in the Software may be subject to other terms and conditions, which are typically found in a "Read Me" file or "About" file in the Software.

3. Term. Unless otherwise specified, this Agreement is effective for one-year or the Term set forth in the purchase order issued by you and which is accepted by NextEdit or, alternatively, as set forth in the product order form issued by NextEdit. If you issue a purchase order to an Authorized Partner and the terms and conditions as set forth in the license grant letter issued by NextEdit or included in the Documentation conflicts with the terms and conditions included in the purchase order, then the terms and conditions specified in the grant letter or Documentation shall
control. If no Term is included in the above described materials, then the Term shall be for one (1) years from the date of purchase, unless earlier terminated as set forth herein. This Agreement will terminate automatically if you fail to comply with any of the limitations or other payment requirements or other requirements described herein. Upon any termination or expiration of this Agreement, you will be blocked from the use of the Software.

End User License Agreement – Corporate Customers -Software - NextEdit® October 2005

4. Updates. This license is not limited to the version of the Software delivered by NextEdit and includes Updates, without additional fees or purchases.

5. Ownership Rights. The Software is protected by United States’ and other copyright laws, international treaty provisions and other applicable laws in the country in which it is being used. NextEdit and its suppliers own and retain all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. Any copy of the Software and Documentation authorized to be made hereunder must contain the same proprietary notices that appear on and in the Software and Documentation.

6. Multiple Environment Software/Multiple Language Software/Dual Media Software/Multiple Copies/Bundles/Updates If the Software supports multiple platforms or languages, if you receive the Software on multiple media, if you otherwise receive multiple copies of the Software, or if you receive the Software bundled with other software, the total number of your Computers on which all versions of the Software are installed may not exceed the Permitted Number.

7. Evaluation Product Additional Terms. If the product you have received with this license has been identified as "Evaluation" Software or "Beta" Software, then the provisions of this section apply. To the extent that any provision in this section is in conflict with any other term or condition in this Agreement, this section shall supercede such other term(s) and condition(s) with respect to the Evaluation or Beta Software, but only to the extent necessary to resolve the conflict. You acknowledge that the Evaluation or Beta Software may contain bugs, errors and other problems that could cause system or other failures and data loss. Consequently, Evaluation or Beta Software is provided to you "AS-IS", and NextEdit disclaims any warranty or liability obligations to you of any kind. WHERE LEGAL LIABILITY CANNOT BE EXCLUDED, BUT MAY BE LIMITED, NextEdit’s LIABILITY AND THAT OF ITS SUPPLIERS AND AUTHORIZED PARTNERS SHALL BE LIMITED TO THE SUM OF FIFTY DOLLARS (U.S. $50) IN TOTAL. You acknowledge that NextEdit has not promised or guaranteed to you that Beta Software will be announced or made available to anyone in the future, that NextEdit has no express or implied obligation to you to announce or introduce the Beta Software and that NextEdit may not introduce a product similar to or compatible with the Beta Software. Accordingly, you acknowledge that any research or development that you perform regarding the Beta Software or any product associated with the Beta Software is done entirely at your own risk. During the term of this Agreement, if requested by NextEdit, you will provide feedback to NextEdit regarding testing and use of the Beta Software, including error or bug reports. FAILURE TO PROVIDE FEEDBACK IS SUFFICIENT CAUSE FOR NextEdit TO TERMINATE THIS CONDITIONAL BETA TEST LICENSE. If you have been provided the Beta Software pursuant to a separate written agreement, your use of the Beta Software is also governed by such agreement. Upon receipt of a later unreleased version of the Beta Software or release by NextEdit of a publicly released commercial version of the Beta Software, whether as a stand-alone product or as part of a larger product, you agree to return or destroy all earlier Beta Software received from NextEdit and to abide by the terms of the End User License Agreement for any such later versions of the Beta Software. Your Use of the Evaluation or Beta Software is limited to an arbitrary period of time to be solely decided by NextEdit, but shall be useable at least until December 1, 2005.

End User License Agreement - Corporate Customers -Software - NextEdit® October 20005
8. Restrictions. You may not sell, lease, license, rent, loan, resell or otherwise transfer, with or without consideration, the Software. If you enter into a contract with a third party in which the third party manages your information technology resources ("Managing Party"), you may transfer all your rights to Use the Software to such Managing Party, provided that (a) the Managing Party only Uses the Software for your internal operations and not for the benefit of another third party; (b) the Managing Party agrees to comply with the terms and conditions of this Agreement, and (c) you provide NextEdit with written notice that a Managing Party will be Using the Software on your behalf. You may not permit third parties to benefit from the use or functionality of the Software via a timesharing, service bureau or other arrangement. You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon, the Software in whole or in part. You may not copy the Software or Documentation except as expressly permitted in Section 1 above. You may not remove any proprietary notices or labels on the Software. All rights not expressly set forth hereunder are reserved by NextEdit.

9. Warranty and Disclaimer.
a. Limited Warranty. NextEdit warrants that for sixty (60) days from the date of original purchase the media (e.g., CD ROM), if any, on which the Software is contained and provided to you will be free from defects in materials and workmanship.
b. Customer Remedies. NextEdit’s and its suppliers entire liability and your exclusive remedy for any breach of the foregoing warranty shall be, at NextEdit’s option, either (i) return of the purchase price paid for the license, if any, or (ii) replacement of the defective media in which the Software is contained. This limited warranty is void if the defect has resulted from accident, abuse, or misapplication. Any replacement media will be warranted for the remainder of the original warranty period. Outside the United States, this remedy is not available to the extent NextEdit is subject to restrictions under United States export control laws and regulations.
c. Warranty Disclaimer. Except for the limited warranty set forth herein, THE SOFTWARE IS PROVIDED "AS IS" AND NextEdit MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. NextEdit, ITS SUPPLIERS AND AUTHORIZED PATNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMOM LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY, INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, NextEdit MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS.

10. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL NextEdit OR ITS AUTHORIZED PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR LOSS OF PROFITS, LOSS OF GOODWILL OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR GROSS NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL NextEdit OR ITS AUTHORIZED PARTNERS OR SUPPLIERS BE LIABLE FOR ANY DAMAGE IN EXCESS OF THE PRICE PAID FOR THE SOFTWARE, IF ANY, EVEN IF NextEdit OR ITS AUTHORIZED PARTNERS OR SUPPLIERS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This limitation shall not apply to liability for death or personal injury to the extent that applicable law prohibits such limitation. Furthermore, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you. Nothing contained in this Agreement limits NextEdit liability End User License Agreement – Corporate Customers -Software - NextEdit® October 2005 to you for NextEdit’s negligence or for the tort of deceit (fraud). NextEdit is acting on behalf of its suppliers for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.

11. Notice to United States Government End Users. The Software and accompanying Documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying Documentation by the United States Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.

12. Export Controls. You are advised that the Software is of United States origin and subject to United States Export Administration Regulations; diversion contrary to United States law and regulation is prohibited. You agree not to directly or indirectly export, import or transmit the Software to any country, end user or for any Use that is prohibited by applicable United States regulation or statute (including but not limited to those countries embargoed from time to time by the United States government). You represent that neither the United States Bureau of Industry and Security nor any other governmental agency has issued sanctions against You or otherwise suspended, revoked or denied Your export privileges. You agree not to Use or transfer the Software for any Use relating to nuclear, chemical or biological weapons, or missile technology, unless authorized by the United States Government by regulation or specific written license. Additionally, You agree not to directly or indirectly export, import or transmit the Software contrary to the laws or regulations of any other governmental entity that has jurisdiction over such export, import, transmission or Use.

13. Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws in force: (a) in the State of California, This Agreement will not be governed by the conflict of laws rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. The United States District Court for the Southern District of California, and the Superior Court of San Diego County, California.

14. Free Software. This product includes or may include some software programs that are licensed (or sublicensed) to the user under the GNU General Public License (GPL) or other similar Free Software licenses which, among other rights, permit the user to copy, modify and redistribute certain programs, or portions thereof, and have access to the source code. The GPL requires that for any software covered under the GPL, which is distributed to someone in an executable binary format, that the source code also be made available to those users. For any such software covered under the GPL, the source code is made available on this CD. If any Free Software licenses require that NextEdit provide rights to use, copy or modify a End User License Agreement – Corporate Customers -Software - NextEdit® October 2005 software program that are broader than the rights granted in this agreement, then such rights shall take precedence over the rights and restrictions herein.

15. Privacy. By entering into this Agreement, you agree that NextEdit may collect, retain and use your personal information, including your name, address, e-mail address, and payment details. Your personal information will be used primarily to provide services and product functionality to you. NextEdit may also use your personal information for additional communication with you, subject to your decision not to accept such communications from NextEdit and subject to applicable laws. NextEdit engages other companies and individuals ("subcontractors") to perform functions on its behalf, such as payment processing, order fulfillment, marketing programs and customer service. NextEdit may share your information with such subcontractors in order to perform these and other functions, but such subcontractors may not use your personal information for other purposes, unless you agree. By entering into this Agreement, you agree to the transfer of your personal information to the United States, for the purposes stated above. For more detailed information on the collection, use and transfer of your personal information, and for information on how to opt out of or unsubscribe from the communications described above, please read the NextEdit privacy policy on the NextEdit web site (www.NextEdit.com).

16. Miscellaneous. This Agreement sets forth all rights for the user of the Software and is the entire Agreement between the parties. This Agreement supersedes any other communications, representations or advertising relating to the Software and Documentation. This Agreement may not be modified except by a written addendum issued by a duly authorized representative of NextEdit. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by NextEdit. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

17. NextEdit Customer Contact. If you have any questions concerning these terms and conditions, or if you would like to contact NextEdit for any other reason, please call (877) 444-9111, or write: NextEdit, Inc., 4019 Goldfinch St., #301, San Diego, CA 92103.



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Updated At: 2024-03-19
Publisher: nextedit-inc
Operating System: windows
License Type: Free Trial