Software & EBook
NKDsq

WinORSe-AI & ARMDAT License, and Privacy Policy

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By clicking the Buy Now button you are agreeing  to:

1.  Software as a Service Subscription Agreement (below)
2.  Accept all stated Terms and Conditions, Licenses, and Privacy Policy
3.  The Semester subscription fee of $149.99 
4.  Allow popups from winors.tzo.com and the NKD-Group

Refund Policy
 

  • SaaS License

    SOFTWARE AS A SERVICE (SaaS) SUBSCRIPTION AGREEMENT

    This Software as a Service (SaaS) Agreement (the “Agreement”) Software as a service (SaaS) is a software distribution model in which a third-party provider (FRAME) hosts applications and makes them available to you (“Client”) over the Internet.  This document sets forth the obligations and conditions between the Client and The NKD Group, Inc, a Delaware limited liability company (“Provider”), relating to your use of the Serviced defined herein. Please read this Agreement carefully. Your use of the Services is expressly conditioned on your acceptance of this Agreement

    BY CLICKING THE “WINORS” ICON ABOVE, AND/OR BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY TERM OF THIS AGREEMENT, DO NOT USE THE SERVICES AND EXIT IMMEDIATELY.

    Recitals

    1. Provider is the owner of certain proprietary computer software known as "WinORS”, “WinORSfx”, “WinORSe-AI , WinORSe-AI 2017” (the “Software”).
    2. Provider provides and sells subscriptions for subscribers to access and use the Software via http://WinORS.fra.me or any website notified to the subscribers from time to time (the “Services”).
    3. Client desires to use the Services for educational purposes.
    4. Provider and Client acknowledge and agree that this Agreement shall be effective and in force immediately upon the date that the Client has a successful payment authorized after clicking the “Buy Now” button.   (the “Effective Date”)
    5. NOW THEREFORE, in consideration for the mutual promises contained herein and other good and valuable consideration, the parties agree as follows:

    1. Software Subscription

    a.  Provider grants to Client and Client accepts from Provider, a limited, non-exclusive, non-transferable right to access and use and permit Authorized Users to access and use the Services solely for Client’s internal business use. The Services shall not be used by Client or by Authorized Users for, or on behalf of, third parties that are not authorized under this Agreement. Client shall use its best efforts to ensure that the Authorized Users use the Services in accordance with the terms and conditions of this Agreement. Client acknowledges that its right to use the Services will be web-based only pursuant to the terms of this Agreement and the Software will not be installed on any servers or other computer equipment owned or controlled by Client or otherwise provided to Client

    b. The use of the Services by Client or any Authorized User pursuant to this Agreement shall be subject to any end user agreement, terms of use, and/or privacy policy applicable to FRAME or any other applicable website used to access the Services.

    2. Intellectual Property Rights.

    a. Client acknowledges that all right, title, and interest in and  to the Services and the Software, together with its codes, sequences, derivative works, organization, structure, interfaces, any documentation, data, trade names, trademarks, or other related materials (collectively, the “Provider IP”), is, and at all times shall remain, the sole and exclusive property of Provider. The Provider IP contains trade secrets and proprietary information owned by Provider and is protected by United States copyright laws (and other laws relating to intellectual property). Except the right to use the Services, as expressly provided herein, this Agreement does not grant to Client any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered) or any other rights or licenses with respect to the Services or the Software
    b. Client shall not attempt, or directly or indirectly allow any Authorized User or other third party to attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, reverse compile, disassemble, reverse engineer, download, transmit or distribute all or any portion of the Services and/or Software in any form or media or by any means.
    c. The provisions of this paragraph 2 shall survive termination of this Agreement.

    3.Semester Subscription Fee.

    a. Client shall pay to Provider the subscription fee (the “Subscription Fee”) in the amount and for the duration that Client has entered and agreed to pursuant to the sign up page for this Agreement.
    b. The Subscription Fee is for one semester of use (17 weeks) or one summer term (8 weeks). Use beyond the subscription period requires the payment of a new subscription fee. All payments to the Provider  via the secure purchase portal are due on or before the first day of the Subscription Period.
    c. The purchase portal is a secure web site hosted by PADDLE. By using the PADDLE service, you are agreeing to accept the terms of this Agreement and those of the purchase portal. Client hereby authorizes PADDLE to submit the Client-identified method of payment for the subscription period to the payment vendor. At a minimum, payment through the PADDLE service requires a credit card, debit card, or PayPal account. Subscription payments are not prorated for any reason.
    d. If the PADDLE authorization is denied, the Client’s subscription is automatically terminated.

    4.Accessibility/Performance.
    Provider shall use commercially reasonable efforts to make the Services available on a 24x7 basis (twenty-four hours per day, seven days per week) during the Term, except for: (i) scheduled system back-up or other on-going maintenance as required and scheduled in advance by Provider, or (ii) for any unforeseen cause beyond Provider's reasonable control, including but not limited to internet service provider or communications network failures, denial of service attacks or similar attacks, or any force majeure events set forth in this Agreement. Provider will monitor performance indicators on the systems and network infrastructure (its own and that of third party suppliers) in order to gauge the overall performance of its hosting services, and will take reasonable steps to address systems and  network infrastructure as required to maintain satisfactory performance of the Software. Provider further reserves the right to monitor and reasonably restrict Client’s ability to use the Services if Client is using excessive computing resources which are impacting the performance of the Services for other subscribers. Provider agrees to notify Client in cases where it restricts such use and use good faith efforts to determine an appropriate alternative or work- around solution.

    5.Maintenance and Support.
    Provider shall maintain the Software and/or Services and provide all patches and fixes to the Software and/or Services at no additional cost. Provided, however, said maintenance shall not include any major releases of new versions of the Software, additional functionality, or custom programming, which Provider, at its discretion, may provide at an additional cost as otherwise agreed between the parties.

    6.Refunds.
    a.Given the nature of digital content, The NKD-Group, Inc. does not offer a refund or credit on a purchase unless:
    i. there is a breach of point 4 or point 5 of this Agrrement
    ii. there is a specific requirement under applicable consumer protection laws
    b.The NKD-Group does not accept responsibility to provide a 100% refund, or equivalent credit, for the following reasons:
    i.You have changed your mind after the 5th day of purchase
    ii.You bought the item by mistake
    iii.You lack the expertise and training to properly use the subscription items
    iv.You ask for goodwil (eg.:I might take the class(es) again at some time in the future);
    c.To request a 100% refund follow these steps:
         Using the same email account of the registration, send an email request for refund to WinORS@nkd-group.com
         Send the email within 5 business days of purchase. In the email body include a statement that you are not using WinORS / ARMDAT in any class of the current term.

    7.Term.
    The Term of this Agreement shall commence on the Effective Date and shall continue until terminated as provided herein and as described in 3b. Upon termination of this Agreement, all rights and subscriptions granted to Client shall terminate immediately, and the Client’s access to all Subscription Services will be terminated.

    8.Default.
    Client shall be in default of this Agreement if Client fails to make any payment when due and fails to cure said default within five (5) days after receipt of written notice thereof from Provider. In addition to the monetary breach described in the previous sentence, either party will be in default of this Agreement if the party is in material breach of this Agreement and fails to cure such breach within fifteen (15) days after receipt of written notice thereof from the non-breaching party. If a party is in default, the non- breaching party may terminate this Agreement or seek any other remedies available at law or in equity, except as otherwise provided in this Agreement.   In the event Client breaches or attempts to breach any of the provisions of this Agreement, Provider shall have the right, in addition to such other remedies that may be available, to injunctive relief enjoining such breach or attempt to breach, Client hereby acknowledging the inadequacy of any remedy at law

    9.Confidentiality.

    a.In addition to, and in no way limiting the requirements relating to the Provider IP as set forth in Section 2 of this Agreement, Client shall use its reasonable efforts (but in no case less than the efforts used to protects its own proprietary information of a similar nature) to protect all proprietary, confidential, and/or non-public information pertaining to or in any way   connected   to   the   Software,   the   Services,   the   Provider's financial, professional and/or other business affairs, and this Agreement(the "Confidential Information").
    b.Client shall not disclose or publicize the Confidential Information without the Provider’s prior written consent.
    c.Client shall use their reasonable efforts (but in no case less than the efforts used to protects its own proprietary information of a similar nature) not to disclose and not to use the Confidential Information for their own benefit or for the benefit of any other person, third-party, firm or corporation in a manner inconsistent with the purpose of this Agreement.
    d.The terms of confidentiality and non-disclosure contained herein shall expire five (5) years from the date of the termination of this Agreement.
    e.The restrictions on disclosure shall not apply to information which was: (i) generally available to the public at the time of disclosure, or later available to the public other than through fault of the Client; (ii) already known to the Client prior to disclosure pursuant to this Agreement; (iii) obtained at any time lawfully from a third-party under circumstances permitting its use or disclosure to others; or (iv) required by law or court order to be disclosed

    10.Limited Warranty.
    Provider warrants that it has the power and authority to grant the subscription for the Services granted to Client hereunder. EXCEPT FOR THE WARRANTY SET FORTH HEREIN, THE SERVICES ARE PROVIDED “AS IS,” AND PROVIDER DISCLAIMS  ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABLITY OR FITNESS FOR A PARTICULAR PURPOSE.

    Limitation of Remedy and Liability.
    Client represents that it accepts sole and complete responsibility for: (a) the selection of the Services to achieve Client's intended results; (b) use of the Services; (c) the results obtained from Services; and (d) the terms of any contracts between Client and Authorized Users. Provider does not warrant that the Client’s use of the Services will be uninterrupted or error-free. Client shall not assert any claims against Provider based upon theories of negligence, gross negligence, strict liability, fraud, or misrepresentation, and Client shall defend Provider from any demand or claim, and indemnify and hold Provider harmless from any and all losses, costs, expenses, or damages, including reasonable attorneys’ fees, directly or indirectly resulting from Client’s use of the Services, an Authorized User’s use of the Services, and/or any agreement between the Client and an Authorize User based on or in any way related to the Services.   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROVIDER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR DAMAGES WHATSOEVER (INCLUDING,  WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED UPON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PROVIDER HAS  BEEN  ADVISED  OF  THE  POSSIBILITY  OF  SUCH  DAMAGES.   In any event, under no circumstances shall Provider be liable for any loss, costs, expenses, or damages to Client in an amount exceeding the Subscription Fee actually paid to Provider by Client for the previous twelve (12) months

    11.Miscellaneous.

    a.Notice and Demands. Notice, demand, or other communication mandated to be given by this Agreement by either party to the other shall be sufficiently given or delivered if it is sent by registered or certified mail, postage prepaid, return receipt requested or delivered personally. Unless Provider is otherwise notified in writing, the Client’s address for notice purposes shall be Client’s address provided as part of Client’s billing information.

    b.Governing Law; Forum Selection. This Agreement shall be governed exclusively by the laws of the State of Nebraska, without regard to its conflicts of laws principles. Any action under or concerning this Agreement shall be brought exclusively in the District Court of Lancaster County, Nebraska. The parties irrevocably agree and consent that said forum is convenient and has jurisdiction to hear and decide any such action.

    c.Compliance with Laws. Client shall use the Services in accordance with any and all applicable local, state, and federal laws.

    d.Headings.  The paragraph headings in this Agreement are for convenience only and they form no part of the Agreement and shall not affect the interpretation thereof.

    e.Severability.  If any provision of this Agreement shall be held illegal, void, or unenforceable, the remaining portions shall remain in full force and effect.

    f.No Waiver. The delay or failure of either party to exercise any right under this Agreement or to take action against the other party in the event of any breach of this Agreement shall constitute a waiver of such right, or any other right, or of such breach, or any future breaches, under this Agreement.

    g.Assignment. Client shall not assign or transfer this Agreement.

    h.No Partnership or Agency. Nothing in this Agreement is intended to or shall operate to create a partnership between the parties, or authorize either party to act as an agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise bind the other in any way.

    i.Force Majeure. Provider will not be held responsible for any delay or failure in performance of any part of this Agreement to the extent that such delay is caused by events or circumstances beyond the Provider's reasonable control, including but not limited to fire, flood, storm, act of God, war, malicious damage, failure of a utility service or transport or telecommunications network.

    j.Complete Agreement. This Agreement constitutes the entire agreement between the parties with respect to the Services, and supersedes any and all prior or contemporaneous understandings or agreements whether written or oral. No amendment or modification of this Agreement will be binding unless reduced to a writing signed by duly authorized representatives of the parties and such writing makes specific reference to this Agreement and its intention as an amendment hereto

    BY CLICKING ON THE BUY NOW ICON ABOVE AND/OR BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT THIS AGREEMENT SHALL BE SUPERIOR TO, AND SUPERCEDE ANY CONFLICTING OR INCONSISTENT TERMS CONTAINED IN ANY PURCHASE ORDERS, OTHER DOCUMENTS PROVIDED TO THE COMPANY BY YOU, OTHER DOCUMENTS PROVIDED TO YOU BY THE COMPANY, OR AGREEMENTS PREVIOUSLY ENTERED INTO BY THE PARTIES. IF YOU DO NOT AGREE TO THE TERM OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE APPLICATION AND/OR THE DATA, AND EXIT NOW.

  • Software License
  • Privacy Policy
  • e-Book License