This software end-user license agreement (“EULA”) is a legal agreement (“Agreement”) between you (as an individual, not as an entity) and Mark Delk. Read it carefully before completing the installation process and using No Touchy and related software components (“Software”). It provides a license to use the software and contains warranty information and liability disclaimers. By accessing, installing, or using any or all of the Software, you accept and agree to be bound by all terms and conditions of this EULA. If you do not agree, do not access, install, or use this Software.
1) Grant of Copyright License. Subject to your compliance with the terms and restrictions of this EULA, the Licensor grants you a royalty-free, non-exclusive, non-transferable license to do the following:
a) to install and use the Software solely for your personal use;
b) to make a reasonable amount of copies of the Software for archival purposes, so long as each copy retains all copyright and other proprietary rights notices.
2) Restrictions.
a) When using the Software you must use it in a manner that complies with the applicable laws in the jurisdiction(s) in which you use the Software.
b) You must comply with all applicable export laws.
c) You may not sell, resell, rent, lease, or exchange the Software for anything of value.
d) You may not assign or otherwise transfer your rights to the Software.
e) You may not remove or alter any proprietary notices or marks on the Software.
f) The source code, application binary files, design, and implementation of the software are trade secrets. You may not decompile, disassemble, “reverse-engineer”, or otherwise attempt to derive the source code for the Software, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
g) You may not use the software as part of a product or service that provides similar functionality to the software itself.
h) You may not copy any part of the Software aside from installation and archival purposes.
3) Intellectual Property. Mark Delk owns the intellectual property rights of the Software. All rights not expressly granted by this EULA are reserved.
4) Warranty of Provenance and Disclaimer of Warranty. The Software is provided on an “AS IS” BASIS and WITHOUT WARRANTY, either express or implied, including, without limitation, the warranties of non-infringement, merchantability or fitness for a particular purpose. THE ENTIRE RISK AS TO THE QUALITY OF THE SOFTWARE IS WITH YOU.
5) Limitation of Liability. Under no circumstances and under no legal theory, whether in tort (including negligence), contract, or otherwise, shall the Licensor be liable to anyone for any indirect, special, incidental, or consequential damages of any character, whether directly or indirectly connected to the creation, distribution, or use of the Software including, without limitation, damages for loss of goodwill, work stoppage, lost profits, accidents, computer failure or malfunction, or any and all other commercial damages or losses.
6) Termination. This EULA is effective until terminated by you or the Licensor. Your rights under this EULA will terminate automatically if you fail to comply with any of its terms. Upon any termination of this License, you shall cease any and all use of the Software and destroy all copies thereof.
7) Termination for Patent Action. This License shall terminate automatically and You may no longer exercise any of the rights granted to You by this License as of the date You commence an action, including a cross-claim or counterclaim, against Licensor or any licensee alleging that the Software infringes a patent.
8) Jurisdiction, Venue and Governing Law. Any action or suit relating to this License may be brought only in the courts of a jurisdiction wherein the Licensor resides or in which Licensor conducts its primary business, and under the laws of that jurisdiction excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any use of the Software outside the scope of this License or after its termination shall be subject to the requirements and penalties of copyright or patent law in the appropriate jurisdiction. This section shall survive the termination of this License.
9) Attorneys’ Fees. In any action to enforce the terms of this License or seeking damages relating thereto, the prevailing party shall be entitled to recover its costs and expenses, including, without limitation, reasonable attorneys’ fees and costs incurred in connection with such action, including any appeal of such action. This section shall survive the termination of this License.
10) Indemnification. You agree to defend, indemnify, and hold harmless Mark Delk from and against any lawsuits, claims, losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of your use of the Software or breach of this EULA.
11) Severability. If any provision of this License is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
12) Waiver. The failure of the Licensor to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision.
13) Definition of “You” in This License. “You” throughout this License, whether in upper or lower case, means an individual, not a legal entity, exercising rights under, and complying with all of the terms of, this License.
14) Amendments. The Licensor reserves the right, with sole discretion, to amend this EULA from time to time. It is your responsibility to check this page often, as you are required to comply to comply with any amendments to this EULA. The current version of this EULA is located at https://notouchy.app/eula.
15) Security Vulnerabilities. Please send any security concerns or known vulnerabilities regarding the Software to jethrodaniel+notouchy@gmail.com. It is against the terms of this EULA to exploit any security vulnerability in the Software or bundled code against a non-consenting user.
16) Contact. For questions regarding the license terms, please contact the Licensor at jethrodaniel+notouchy@gmail.com.