NEXTFLOOR SOFTWARE LICENSE AGREEMENT (Alpha, Beta, Prototype Site License)
IMPORTANT - READ BEFORE COPYING, INSTALLING, OR USING. Do not use or load software from this site or any associated materials (collectively, the "Software") until you have carefully read the following terms and conditions. By loading or using the Software, you agree to the terms of this Agreement. If you do not wish to so agree, do not install or use the Software.
Please Also Note:
• The terms of the software license agreement posted below have changed as of October 16, 2018. Please carefully read the terms and conditions of the software license agreement.
• In the event this software license agreement, any subsequent version(s) of this software license agreement, or any license agreement that may replace this license agreement contains terms additional to or in conflict with a previously executed license agreement for the Software and its related software components, the terms of the previously executed software license agreement shall supersede and prevail over the terms of this software license agreement.
Furthermore, any terms contained in said previously executed software license agreement but not contained in this software license agreement shall continue to remain in full force and effect.
• If the Software contains pre-release “alpha,” “beta” or “prototype” code, the Software may not be fully functional and NEXTFLOOR may substantially modify the Software in producing any “final” version.
NEXTFLOOR can provide no assurance that it will ever produce or make generally available a “final” or “production” version of the Software.
• If the Software contains “final” or “production” code, the Software may be subject to the terms of a license agreement delivered with such Software. In such case, the terms of the license agreement delivered with the Software will control.
LICENSE. NEXTFLOOR hereby grants you a limited, nontransferable, non-sublicenseable, nonexclusive, royalty-free, fully-paid license under Nextfloor’s copyrights to copy the Software on your organization’s computers solely for your organization’s internal evaluation and testing, and you may make a reasonable number of copies of the Software for internal use only, subject to these conditions:
1. You may not copy, modify, rent, sell, distribute, externally display, externally perform or transfer any part of the Software except as provided in this Agreement, and you agree to prevent unauthorized copying of the Software.
2. You may not reverse engineer, decompile, or disassemble the Software.
3. You may not sublicense the Software.
4. The Software may include portions offered on terms in addition to those set out here, as set out in a license accompanying those portions.
5. Ability to Accept Terms of Service
6. You may not subject the Software, in whole or in part, to any license obligations of Open Source Software including without limitation combining or distributing the Software with Open Source Software in a manner that subjects the Software or any portion of the Software provided by NEXTFLOOR here under to any license obligations of such Open Source Software. "Open Source Software" means any software that requires as a condition of use, modification and/or distribution of such software that such software or other software incorporated into, derived from or distributed with such software (a) be disclosed or distributed in source code form; or (b) be licensed by the user to third parties for the purpose of making and/or distributing derivative works; or (c) be redistributable at no charge. Open Source Software includes, without limitation, software licensed or distributed under any of the following licenses or distribution models, or licenses or distribution models substantially similar to any of the following: (a) GNU’s General Public License (GPL) or Lesser/Library GPL (LGPL), (b) the Artistic License (e.g., PERL), (c) the Mozilla Public License, (d) the Netscape Public License, (e) the Sun Community Source License (SCSL), (f) the Sun Industry Source License (SISL), (g) the Apache Software license and (h) the Common Public License (CPL). OWNERSHIP OF SOFTWARE AND COPYRIGHTS. Title to all copies of the Software remains with NEXTFLOOR or its suppliers. The Software is copyrighted and protected by the laws of the United States and other countries, and international treaty provisions. You may not remove any copyright notices from the Software. NEXTFLOOR may make changes to the Software, or to items referenced therein, at any time without notice, but is not obligated to support, update, upgrade or provide training for the Software. Except as otherwise expressly provided, NEXTFLOOR grants no express or implied right under NEXTFLOOR patents, copyrights, trademarks, or other intellectual property rights.
EXCLUSION OF WARRANTIES . THE SOFTWARE IS PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NEXTFLOOR does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the Software. LIMITATION OF LIABILITY. IN NO EVENT SHALL NEXTFLOOR OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, BUSINESS INTERRUPTION OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE, EVEN IF NEXTFLOOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT EXCLUSION OR LIMITATION OF LIABILITY FOR IMPLIED WARRANTIES OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. THE SOFTWARE LICENSED HERE UNDER IS NOT DESIGNED OR INTENDED FOR USE IN ANY MEDICAL, LIFE SAVING OR LIFE SUSTAINING SYSTEMS, TRANSPORTATION SYSTEMS, NUCLEAR SYSTEMS, OR FOR ANY OTHER MISSION CRITICAL APPLICATION IN WHICH THE FAILURE OF THE SOFTWARE COULD LEAD TO PERSONAL INJURY OR DEATH. YOU SHALL INDEMNIFY AND HOLD NEXTFLOOR AND THE NEXTFLOOR PARTIES HARMLESS AGAINST ALL CLAIMS, COSTS, DAMAGES, AND EXPENSES, AND REASONABLE ATTORNEY FEES ARISING OUT OF, DIRECTLY OR INDIRECTLY, THE UNINTENDED USE OF THE SOFTWARE AND ANY CLAIM OF PRODUCT LIABILITY, PERSONAL INJURY OR DEATH ASSOCIATED WITH ANY UNINTENDED USE, EVEN IF SUCH CLAIM ALLEGES THAT AN NEXTFLOOR PARTY WAS NEGLIGENT REGARDING THE DESIGN OR MANUFACTURE OF THE SOFTWARE. THE LIMITED REMEDIES, WARRANTY DISCLAIMER AND LIMITED LIABILITY ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN NEXTFLOOR AND YOU. NEXTFLOOR WOULD NOT BE ABLE TO PROVIDE THE SOFTWARE WITHOUT SUCH LIMITATIONS.
TERMINATION OF THIS AGREEMENT
NEXTFLOOR may terminate this Agreement at any time if you violate its terms. Upon termination, you will immediately destroy the Software or return all copies of the Software to NEXTFLOOR. In the event of termination of this Agreement, all licenses granted to you here under shall immediately terminate. APPLICABLE LAWS. Any claims arising under or relating to this Agreement shall be governed by the internal substantive laws of the State of Rio Grande do Sul, Brasil or federal courts located in Porto Alegre, without regard to principles of conflict of laws. Each Party hereby agrees to jurisdiction and venue in the courts of the State of Rio Grande do Sul for all disputes and litigation arising under or relating to this Agreement. The Parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. The Parties consent to the personal jurisdiction of the above courts.
You acknowledge that NEXTFLOOR considers the Software and its related information to be trade secrets as protected by the provisions of the applicable NDA between the parties. You shall not disclose the terms or existence of this Agreement or use Nextfloor's name in any publications, advertisements, or other announcements without Nextfloor's prior written consent. You do not have any rights to use any NEXTFLOOR trademarks or logos. ASSIGNMENT. You may not delegate, assign or transfer this Agreement, the license(s) granted or any of your rights or duties hereunder, expressly, by implication, by operation of law, by way of merger (regardless of whether you are the surviving entity) or acquisition, or otherwise and any attempt to do so, without Intel’s express prior written consent, shall be null and void. NEXTFLOOR may assign this Agreement, and its rights and obligations hereunder, in its sole discretion. ENTIRE AGREEMENT. The terms and conditions of this Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and merges and supersedes all prior, contemporaneous agreements, understandings, negotiations and discussions. Neither of the parties hereto shall be bound by any conditions, definitions, warranties, understandings or representations with respect to the subject matter hereof other than as expressly provided for herein. NEXTFLOOR is not obligated under any other agreements unless they are in writing and signed by an authorized representative of Nextfloor. NO AGENCY Nothing contained herein shall be construed as creating any agency, employment relationship, partnership, principal-agent or other form of joint enterprise between the parties. SEVERABILITY In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by an applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions. WAIVER The failure of either party to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by either party of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
EXPORT CLAUSE This software is subject to the Brazilian Export Administration Regulations and other U.S. law, and may not be exported or re-exported to certain countries (currently Burma, Cuba, Iran, Libya, N. Korea, Sudan and Syria) or to persons or entities prohibited from receiving U.S. exports (including Denied Parties, Specially Designated Nationals, and entities on the Bureau of Export Administration Entity List or involved with missile technology or nuclear, chemical or biological weapons).
Nextfloor Virtual Studio and Video Conference Rooms for Guest Terms of Service
1. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, Nextfloor software and NEXTFLOOR Room for Guests, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. NEXTFLOOR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES OR SOFTWARE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. NEXTFLOOR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NEXTFLOOR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
2. Limitation of Liability
IN NO EVENT SHALL NEXTFLOOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT NEXTFLOOR SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
3. Your Content and Conduct with externals Streaming Platforms and Nextfloor Trial or release versions.
Nextfloor account holder and Nextfloor applications itself cannot control the content you may submit to internet services, including live or recorded videos. You understand that Nextfloor does not guarantee any confidentiality with respect to any Content Provider you submit to internet streaming platforms, like youtube, twitter, persicope, facebook live and others using third-part stream apps like openbroadcaster.
For clarity Nextfloor understand that you are the responsible for your own Content and the consequences of submitting and publishing your content on this Services. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish content you submit to this services; and you license to this channels (like Youtube and others) all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service. You should read all license terms of each external streaming platform.
4. Account Termination Policy