The following terms and conditions govern your use of this web site and all content, products and services available on or through the website (taken together, the “Site”). The Site is owned and operated by NM FINTECH LIMITED and its affiliates (together, “NM FINTECH”) as product and service to its clients and investors and may be used for informational purposes only. Access to and use of the Site is subject to your acceptance without modification of all the terms and conditions contained herein, and all other operating rules, policies, and terms on this Site and any applicable written agreements with NM FINTECH (which, in the event of a conflict with this terms and conditions, shall govern). Single copies of material contained on this Site may be downloaded for non-commercial, personal use subject to the provisions below and provided that you also retain all copyright and other proprietary notices contained on the materials. If you do not agree to these terms, do not use the Site or download any materials from it. If you do not agree to the terms, or if you cannot remain in compliance with such terms, you may not access or use the Site.
This Agreement (the “Agreement”) is entered into by and between NM FinTech Limited (the “Company”) and you the customer (“Licensee”) and sets forth the terms and conditions under which the Company agrees to license products to Licensee. This Agreement applies to all products (the “Software”) including the software, the media on which you received it, source code, documentation, updates, and supplements. This Agreement also applies to all services (the “Services”) including support that you obtain from the Company and its affiliates. Except when prohibited by law, the Company has the right to final interpretation ot this Agreement and all terms and conditions herein.
2. Entire Agreement
This Agreement, any addendum or amendment included with the Software, and the terms for supplements, updates, Internet-based services and support services that you use, are the entire Agreement for the Software and support services.
ACCOUNT RESPONSIBILITY: You are responsible for maintaining the security and confidentiality of your account and password, and you are fully responsible for all activities that occur under your account, whether by you or anyone else. You may not create or use an account for anyone other than yourself. You must immediately notify NM FINTECH of any unauthorized uses of your account or any other breaches of security. NM FINTECH will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. NM FINTECH will not be liable for any loss that you or any other third party may incur as a result of someone else’s use of your account or password, either with or without your knowledge. NM FINTECH may hold you liable for any losses incurred by NM FINTECH or any other party due to someone else’s use of your account or password.
INTELLECTUAL PROPERTY INFORMATION: Unless otherwise noted, product names, designs, logos, titles, text, images, audio, video and other content within this Site are the trademarks, service marks, trade names, copyrights or other property of NM FINTECH (“NM FINTECH’s Intellectual Property”) or its third party content providers (“Third Party Intellectual Property”). Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of NM FINTECH’s Intellectual Property or Third Party Intellectual Property displayed on the Site without the written permission of NM FINTECH. All rights in and to the Site and its content are retained by NM FINTECH.
You acknowledge and agree that the contents of this Site, including NM FINTECH’s Intellectual Property and Third Party Intellectual Property, are protected by the copyright laws of the jurisdiction in Hong Kong and other foreign jurisdictions.
No portion may be reproduced in any form, or by any means, without the prior written consent of NM FINTECH.
NM FINTECH assumes no responsibility, and shall not be liable for, any such damages to or viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site or any linked sites. NM FINTECH and its suppliers further do not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within the materials posted, set forth, downloadable or linked to this Site. NM FINTECH may make changes to or discontinue any or all of these materials, or the products described therein, at any time without notice. NM FINTECH makes no commitment to update the information on this Site.
THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APLICABLE LAW.
USER SUBMISSIONS: Any content, material, information or other communication, including, without limitation, data, questions, comments, feedback, suggestions or the like (collectively, the “Communications”), that you transmit or post to this Site will be considered non-confidential and non-proprietary. If you transmit or post any Communications to this Site, you hereby grant NM FINTECH a world-wide, royalty free, fully paid, perpetual, irrevocable, and fully assignable, transferable and sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, display and otherwise exploit such Communications throughout the world in any form, media or technology, whether now known or hereafter devised or developed. NM FINTECH will have no obligations in connection with any of the Communications, including but not limited to any obligation to retain or provide you with copies of your Communications or to guarantee any confidentiality with respect to your Communications. NM FINTECH cannot prevent the “harvesting” of information from this Site, and you may be contacted by NM FINTECH or unrelated third parties, by e-mail or otherwise, within or outside of this Site. Furthermore, at the sole discretion of NM FINTECH, the Communications, including all data, images, sounds, text and other things embodied therein, may be edited by or on behalf of NM FINTECH, may or may not be posted to this Site and may be used by NM FINTECH for any purpose, including, reproduction, disclosure, distribution, transmission, publication, broadcast and posting. The Communications may be used by NM FINTECH for any and all commercial or non-commercial purposes including, but not limited to, developing, manufacturing and marketing products using such information.
ACCEPTABLE USE POLICY: You are prohibited from:
NM FINTECH has the right (but not the obligation) to monitor activity on the Site and investigate any violation of this Agreement or misuse of the Site. If you become aware of any violation of this Agreement or misuse of the Site, you must immediately notify us and provide us with assistance, as requested, to stop or remedy such violation. NM FINTECH hereby notifies you that it will cooperate fully with any law enforcement authorities or court order requesting or directing NM FINTECH to disclose the identity of or help identify or locate anyone posting any such information or materials. NM FINTECH further has the right (but not the obligation) to refuse or remove any Communications from this Site or terminate or deny access to and use of the Site for any reason. NM FINTECH is under no obligation to enforce these terms on your behalf against another user. NM FINTECH reserves the right to take appropriate action in its sole discretion.
You hereby represent and warrant that (a) your use of the Site will not infringe the proprietary rights of any third party; (b) your use of the Site will be in strict accordance with these and any other applicable terms and with all applicable laws and regulations; (c) that any Communication you post or transmit to the Site is accurate.
LINKS TO OTHER MATERIALS: The linked sites are not under the control of NM FINTECH, and NM FINTECH is not responsible for the content, including, without limitation, the truthfulness or accuracy of any statement or other content, of any linked site or any link contained in a linked site. NM FINTECH reserves the right to terminate any link or linking program at any time. NM FINTECH has not reviewed all the information contained in the linked sites and does not endorse the companies, products or sites to which it links and reserves the right to note as such throughout the Site. If you decide to access any of the third-party sites linked to our Site, you do this entirely at your own risk.
INDEMNIFICATION: You agree to indemnify, defend and hold harmless NM FINTECH, its contractors, and its third-party suppliers, and their respective directors, officers, employees and agents from and against any and all claims, costs, liabilities and expenses (including attorneys’ fees) arising out of your use of the Site, including but not limited to your violation of these terms. NM FINTECH reserves the right, at your expense, to control the defense of these claims. You agree not to settle any claims without NM FINTECH’s written consent. You agree to notify NM FINTECH immediately in writing of any such claims.
GENERAL: If any part of these terms is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these terms or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign or otherwise transfer your rights under this Agreement to any party, including by operation of law. NM FINTECH may assign or otherwise transfer its rights under this Agreement without condition. This Agreement will be binding upon and will inure the benefit of the parties, their successors and permitted assigns.
3. License Grants
The Company’s products are licensed, not sold to a Licensee. This Agreement only gives you some rights to use the Software. The Company reserves all rights not expressly granted to a Licensee in this Agreement. You may use the Software only as expressly permitted in this Agreement. Subject to all the terms of this Agreement and the receipt by the Company of the applicable license fees, the Company hereby grants to the Licensee a non-exclusive, non-transferable, non-sublicense-able license to
Install and use only ONE copy of the Software on the “licensed device” for each license key you purchase. You will have to register the licensed device with the Company.
The components of the Software are licensed as a single product to be used as a single product on a single computer. You may not separate or unbundle the components for use on different computers.
4. Reassign To another Device
You may reassign the license to a different device any number of times, but not more than one time every 180 days. If you retire the licensed device due to hardware failure, you may reassign the license sooner. If you reassign, that other device becomes the licensed device. You will have to register that other device as the licensed device with the Company. The Company reserves the right not to do the transfer if the Company deems the request is inappropriate.
You agree that you shall not distribute the Software or any derivative work based on the Software. However, you may distribute your program which calls, links or uses the Software, provided that the Software is not in your distribution. Any user of your program will have to acquire a licensed copy of the Software if he or she wants to use the Software in any manner by running your program. If you want to distribute your program with the Software, please contact us at email@example.com.
6. License Obligations
The Company retains all right, title and interest in and to the Software, including, without limitation, all copyrights, trademarks, patents, trade secrets, proprietary and other intellectual property rights contained in or associated with the Software and all copies and all enhancements or modifications. All rights no expressly granted are reserved by the Company.
8. LIMITATION OF LIABILITY
9. Termination; Survival
10. Third-Party Components
The Software may include third-party components provided under terms and conditions which are different from those of this Agreement. These third-party components and their licensing terms and conditions are typically found in the lib/ and license/ folders.
The Company has the right, but no obligation, to periodically update the Company’s products at its complete discretion, without the consent or obligation to user. Any update to the Company’s products may or may not require you to pay additional fees, at the Company’s complete discretion.
To update the Software, you must first be licensed for the Software that is eligible for the update. Upon update, this Agreement takes the place of the Agreement for the Software you updated from. After you update, you may no longer use the earlier version of the Software you updated from.
12.Automatic Connections To The Internet
The Software may automatically connect to the Internet for the transmission of certain information, including information about your computer and the information you supply, during activation, validation and for internet-based services.
13.Compliance with Licenses
If you are a business, company, or organization, you agree that, no more than once every 12 months, the Company or its authorized representative shall, upon 10 days’ prior notice to you, have the right to inspect your records, systems, and facilitates to verify that your use of any and all the Company’s products is in conformity with your valid license from the Company. If verification discloses that your use is not in conformity with a valid license, you shall immediately obtain valid licenses to bring your use into conformity.
You agrees to defend, indemnify and hold the Company and its employees, agents, representatives harmless against any and all claims, proceedings, damages, injuries, liabilities, costs, attorney’s fees relating to or arising out of the use of the Company’s products or any breach of this Agreement. You agree to indemnify the Company for reasonable attorney’s fees and costs in enforcing the Company’s rights under this Agreement.
15.Limitation On and Execution of Damages
YOU CANNOT RECOVER FROM THE COMPANY AND ITS AFFLIATES ANY DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES.
The limitation applies to
It also applies even if
The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the Hong Kong Special Administrative Region China. You hereby consent to the jurisdiction and venue of such courts and wave any jurisdiction or venue defenses otherwise available.
NM FINTECH may revise these terms at any time by updating this page. You should visit this page from time to time to review the then-current terms because they are binding on you. Certain provisions of these terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.