NAKIDO.COM LICENSES THIS SOFTWARE PRODUCT TO YOU SUBJECT TO YOUR ACCEPTANCE OF ALL OF THE TERMS CONTAINED IN THIS END USER LICENSE AGREEMENT ("LICENSE AGREEMENT"). READ THE TERMS OF THIS LICENSE AGREEMENT CAREFULLY. IF YOU DO NOT ACCEPT THIS AGREEMENT DO NOT INSTALL THIS SOFTWARE. IF YOU ARE NOT WILLING TO BE BOUND BY ITS TERMS, CLICK THE "CANCEL" BUTTON AT THE BOTTOM OF THIS PAGE AND THE REGISTRATION OR INSTALLATION PROCESS WILL NOT CONTINUE.
NOTICE TO USER
BY CLICKING ON THE "I AGREE" BUTTON AND BY INSTALLING AND USING THE NAKIDO SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT WITH NAKIDO. If you do not agree to the terms of this LICENSE AGREEMENT, do not install, activate, or use this software. This LICENSE AGREEMENT is a contract between you (either an individual or an entity) and Nakido.com ("Nakido "), which governs your use of the Nakido software product that accompanies this LICENSE AGREEMENT and related software components, which may include associated media, printed materials, and online or electronic documentation.
The Nakido Software and the Services are not intended for use by or availability to persons under the age of 13 residing in the United States. IF YOU ARE UNDER 13 YEARS OF AGE AND RESIDE IN THE UNITED STATES, YOU MAY NOT DOWNLOAD, INSTALL OR USE ANY ALTNET SOFTWARE AND YOU MAY NOT ACCESS THE SERVICES.
Nakido.com grants you a limited, non-exclusive, personal, non-sublicensable, non- assignable license to install and use the Nakido Software and access the accompanying Services, and any future fixes, updates and upgrades provided to you (collectively, the "Software") on a computer.
Unless explicitly stated otherwise, any new features that augment or enhance the current Software, including the release of new properties, shall be subject to terms of this License.
All Users of This Computer Bound. You represent and warrant that you are the owner of the computer or the owner of the computer has authorized you to install and use the Software. You agree not to use the Software in a manner prohibited by law or in violation of any contractual provision for which you are bound and you agree to comply with all applicable laws, rules and regulations related to its use.
Except for the rights expressly granted hereunder, no other right is granted to you. You may not reduce the Software to human readable form, reverse engineer, decompile, disassemble, merge, adapt, modify, or otherwise attempt to derive source code from the Software, in whole or in part, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You do not have the right to create derivative works of the Software and you agree not to attempt, or allow others to attempt, to reverse engineer and/or modify the Software source code. You may not rent, lend, assign, lease or transfer rights to the Software.
You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of our Web site.
You agree not to use the Software to:
INTELLECTURAL PROPERTY RIGHTS
Nakido respects the intellectual property of others, and we insist that our users do the same. Accordingly, you agree to comply with copyright and other laws. As a condition to use the Software, you agree that you must not use the Software to infringe the intellectual property or other rights of others, in any way. The unauthorized reproduction, distribution, modification, public display, communication to the public or public performance of copyrighted works is an infringement of copyright.
Users are entirely responsible for their conduct and for ensuring that it complies with all applicable copyright and data-protection laws. In the event a user fails to comply with laws regarding copyrights or other intellectual property rights and data-protection and privacy, such a user may be exposed to civil and criminal liability, including possible fines and jail time.
You agree to obtain all consents, authorizations and clearances in any data owned or controlled by third parties that you transmit, access or communicate to others using the Nakido Software.
By using the Nakido Software and services, you agree to share portion of your bandwidth and your hard drive space for storing. While your Nakido Software is communicating with other peers it receives information of the status of interconnected peers, and that information is stored on your computer.
NAKIDO'S POLICY AGAINST CHILD PORNOGRAPHY
We do not want child pornography made available via Nakido. PLEASE OBSERVE THAT, IN ADDITION TO BEING DISGUSTING, SPREADING CHILD PORNOGRAPHY IS A CRIMINAL OFFENCE IN MOST COUNTRIES. IF YOU SHARE CHILD PORNOGRAPHY, YOU RUN THE RISK OF BEING PROSECUTED, FINED OR IMPRISONED. A number of non-profit organizations and individuals are actively seeking out child pornography on the Internet and reporting the incidents to the authorities.
Nakido reserves the right to run advertisements and promotions on the Nakido Software. By accepting the terms of this License, you agree that Nakido and the distributors of the Third Party Software have the right to run advertisements and promotions on your computer without compensation to you. By accepting the terms of this License, you agree that you will not interfere with the ability of Nakido or the ability of the Third Party Software to run advertisements and promotions on your computer. The timing, frequency, placement and extent of advertising by us within the pages comprising Nakido.com or the Nakido Software is subject to change and shall be determined by us at our sole discretion.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Nakido web site or Nakido Software, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser.
You agree that Nakido is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Nakido Software and/ or the Nakido web site. You agree not to take any action, including downloading other software, to disable the display of advertising by the Software.
LINKS TO THIRD-PARTY SITES AND CHANNELS
Nakido may provide links to or frame various third party web sites or frame within such sites through the Software or on Nakido.com, including co- branding and other relationships that offer e-commerce and other services and features to users. Any third-party sites, including channels, to which Nakido.com or the Nakido software may link or frame are not under control of Nakido. Nakido does not have any responsibility or liability for any information, data, communications or materials available on such third- party sites. These linked and framed sites are only for your convenience and you therefore access them at your own risk.
Recognising the global nature of the Internet, you agree to comply with all local rules regarding on-line conduct and acceptable data. Specifically, you agree to comply with all applicable laws regarding copyright and the transmission of technical data exported from the country in which you reside.
It is your responsibility to comply with the terms of this License and to obey the laws of your jurisdiction. Nakido may terminate this LICENSE AGREEMENT if you fail to comply with any term of this LICENSE AGREEMENT, including violating any applicable laws or rights of any third party including the intellectual property rights of any such third party. In addition you must remove all copies of the Software from the computer(s) on which it is installed. You may be subject to legal action if you continue to use the Nakido software in violation of this License.
TO THE EXTEND PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND ANY SUPPORT SERVICES ARE PROVIDED TO YOU ON AN "AS IS," "WHERE IS," BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT. NAKIDO EXPLICITLY DISCLAIMS ALL LIABILITY WITH REGARD TO THE ACCURACY, CONTENT OR AVAILABILITY OF INFORMATION FOUND ON SITES THAT LINK TO OR FROM THE SOFTWARE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS LICENSE AGREEMENT. NAKIDO MAKES NO WARRANTY THAT THE SOFTWARE IS FREE OF DEFECTS OR ERRORS, OR THAT ANY RESULTS THAT MAY BE OBTAINED FROM ITS USE WILL BE RELIABLE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THIS SOFTWARE REMAINS WITH YOU.
ANY DATA DOWNLOADED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
LIMITATION OF LIABILITY
NAKIDO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, THE LOSS OF DATA, LOSS OF BUSINESS PROFIT OR BUSINESS OPPORTUNITIES, LOSS OF USE, BUSINESS INTERRUPTION, ANY OTHER PUNITIVE DAMAGES ARISING FROM:
(i) THE USE OF, OR INABILITY TO USE, THE SOFTWARE PRODUCT, EVEN IF NAKIDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERNATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
You hereby acknowledge and agree that Nakido shall have no liability (i) for any errors or omissions in any data, or for any loss or damage of any kind incurred as a result of any data transmitted via the Software, (ii) if you are exposed to data that is offensive, indecent or objectionable, or (iii) for any allegations or findings of infringement of copyright or other proprietary rights as a result of your use of the Software.
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND NAKIDO, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, AT YOUR EXPENSE, AGAINST ANY AND ALL THIRD PARTY CLAIMS OR DEMANDS, ACTIONS, PROCEEDINGS AND SUITS AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND OTHER DISPUTE RESOLUTION EXPENSES) INCURRED BY NAKIDO, DUE TO OR ARISING OUT OF DATA YOU SUBMIT, POST TO, TRANSMIT OR COMMUNICATE THROUGH THE SOFTWARE, YOUR USE OR MISUSE OF THE SOFTWARE, YOUR CONNECTION TO OTHER USERS, YOUR VIOLATION OF THE LICENSE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER.