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End User License Agreement (EULA)

IMPORTANT - READ CAREFULLY: This End User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity, hereinafter referred to as the “Licensee”) and KERNEL 7 GROUP (PTY) LTD, registration number 2026/551438/07 (hereinafter referred to as the “Licensor”), for the software product accompanying this EULA, which includes computer software and may include associated media, printed materials, and “online” or electronic documentation (collectively, the “Software”).

BY INSTALLING, COPYING, OR OTHERWISE USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE SOFTWARE.

1. GRANT OF LICENSE

Subject to the terms and conditions of this Agreement, the Licensor grants the Licensee a revocable, non-exclusive, non-transferable, and limited license to install and use the Software solely for personal or internal business purposes, strictly in accordance with the terms of this EULA.

2. RESTRICTIONS ON USE

The Licensee shall not, and shall not permit any third party to:

3. INTELLECTUAL PROPERTY RIGHTS

The Software is licensed, not sold. The Licensor retains all right, title, and interest in and to the Software, including all copyrights, patents, trade secrets, trademarks, and other intellectual property rights. This EULA grants the Licensee no rights to the Licensor’s trademarks or service marks.

The Software operates with a zero-background-tracking footprint. You agree that the Licensor may collect and use technical data and related information (such as operating system versions and runtime environments) strictly when manually initiated and transmitted by the Licensee (e.g., via user-submitted bug reports). The Licensor may use this user-submitted information solely to provide product support, troubleshoot technical issues, and improve the Software, in strict accordance with the Nexus Management System Privacy Policy.

5. TERMINATION

This EULA is effective until terminated. The Licensee’s rights under this EULA will terminate automatically without notice from the Licensor if the Licensee fails to comply with any term(s) of this EULA. Upon termination, the Licensee must cease all use of the Software and destroy all copies, full or partial, of the Software.

6. DISCLAIMER OF WARRANTIES

THE SOFTWARE IS PROVIDED TO THE LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. THIRD-PARTY AND OPEN SOURCE SOFTWARE

The Software integrates certain third-party components and open-source libraries that are subject to their own respective licensing terms. Your use of the Software is subject to compliance with those underlying licenses. The Licensor expressly disclaims any warranties or liability related to such third-party components, which are provided strictly “AS IS”.

9. GOVERNING LAW AND JURISDICTION

This EULA shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising out of or in connection with this EULA shall be subject to the exclusive jurisdiction of the High Court of South Africa (Gauteng Division, Pretoria).

By installing or using the Software, the Licensee acknowledges that they have read this EULA, understand it, and agree to be bound by its terms and conditions.


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