Didur Labs LLC
This End User License Agreement ("EULA") is between Didur Labs LLC ("Didur Labs", "we", "us") and you ("you", "User"). NP4th is a product of Didur Labs LLC. By signing in to NP4th or using the Windows or macOS client software, you agree to these terms.
1. License grant. Subject to this EULA and any Master Service Agreement between Didur Labs and your organization, Didur Labs grants you a limited, non-exclusive, non-transferable, revocable license to use NP4th (dashboard and client software) solely for authorized network connectivity testing and diagnostics for your organization. The software is licensed, not sold.
2. Ownership. Didur Labs LLC and its licensors retain all right, title, and interest in and to NP4th, including all software, documentation, trademarks, and intellectual property. No rights are granted except as expressly stated.
3. Acceptable use. You may use NP4th only on systems and networks you are authorized to test. You must not use the service to attack, probe, or disrupt systems without permission, to violate law, to infringe others' rights, or to interfere with other customers.
4. Data. Probe results, device identifiers, approximate location (when provided by the client), and account profile data may be stored by your organization and by Didur Labs to operate the service. Administrators in your organization can view runs and configure targets for your tenant.
5. Client software. The Windows and macOS clients and related background agents may run scheduled tests, access network interfaces, and - when enabled - use device location. You are responsible for installing and configuring the client according to your organization's policies.
6. Security. Protect client keys and account credentials. Report suspected unauthorized access to your organization administrator promptly.
7. Disclaimer of warranty. THE SERVICE AND SOFTWARE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Didur Labs does not warrant uninterrupted or error-free operation. Connectivity tests depend on networks and third-party services outside our control.
8. Limitation of liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIDUR LABS LLC AND ITS SUPPLIERS ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF DATA, PROFITS, OR BUSINESS, ARISING FROM USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY. Didur Labs' aggregate liability under this EULA shall not exceed the fees paid by your organization to Didur Labs for NP4th in the twelve (12) months before the claim (or USD $100 if no fees were paid).
9. Indemnity. You will defend and indemnify Didur Labs LLC against claims arising from your misuse of NP4th, unauthorized testing, or violation of this EULA or applicable law.
10. Changes. We may update these terms. Material changes to the agreement version will require acceptance again before you continue using the dashboard.
11. Governing law. This EULA is governed by the laws of the State of Nevada, excluding conflict-of-law rules. Exclusive venue lies in the state or federal courts located in Nevada, unless your organization has a Master Service Agreement with Didur Labs that states otherwise.
12. Contact. Questions: your organization administrator, or Didur Labs LLC via https://np4th.com or the contact form on the website.
Copyright (c) Didur Labs LLC. All rights reserved.