nPerf software and web applications are edited by nPerf SAS Company, 87 rue de seze 69006 LYON â France. nPerf software and web applications help users to measure and qualify their Internet connections. nPerf performs bitrate tests and other quality measurements as browsing or streaming.
By using nPerf, you agree to contribute to a community database of Internet performance measurements and mobile networks coverage.
nPerf database consists of data collected by nPerf web site or partners and mobile applications once installed on your mobile terminal. These data are aggregated with all the data collected by other users of the same application.
By installing and/or using nPerf, you agree that this End User License Agreement (EULA) is a legally binding and valid contract between nPerf and you, and you agree to be bound by it. You agree to abide by the intellectual property laws and all of the terms and conditions of this Agreement.
Unless you have a different license agreement signed by nPerf SAS Company, your use of nPerf indicates your acceptance of this license and warranty agreement.
Within the scope of this Agreement, nPerf SAS Company grants to you a limited, non-exclusive, non-transferable license, without right to sub-license, to use nPerf in accordance with this Agreement and any other written agreement with nPerf SAS Company. nPerf SAS Company does not transfer the title of nPerf to you; the license granted to you is not a sale. This agreement is a binding legal agreement between nPerf SAS Company and the users or subscribers of nPerf services.
If you do not agree to be bound by this agreement, donât use nPerf and/or remove nPerf from your device now.
nPerf and the license herein granted shall not be copied, shared, distributed, re-sold, offered for re-sale, transferred or sub-licensed in whole or in part except that you may make one copy for archive purposes only. For information about redistribution of nPerf contact nPerf SAS Company.4. USER AGREEMENT4.1 Use Restrictions
You shall use nPerf in compliance with all applicable laws and not for any unlawful purpose. Without limiting the foregoing, use, display or distribution of nPerf together with material that is pornographic, racist, vulgar, obscene, defamatory, libelous, abusive, promoting hatred, discriminating or displaying prejudice based on religion, ethnic heritage, race, sexual orientation or age is strictly prohibited.4.2 Copyright Restriction
This Software contains copyrighted material, trade secrets and other proprietary material. You shall not, and shall not attempt to, modify, reverse engineer, disassemble or decompile nPerf software. Nor can you create any derivative works or other works that are based upon or derived from nPerf in whole or in part.
nPerfâs name, logo and graphics file that represents nPerf shall not be used in any way to promote products other than nPerf. nPerf SAS Company retains sole and exclusive ownership of all right, title and interest in and to nPerf and all Intellectual Property rights relating thereto.
Copyright law and international copyright treaty provisions protect all parts of nPerf, products and services. No program, code, part, image, audio sample, or text may be copied or used in any way by the user except as intended within the bounds of the single user program. All rights not expressly granted hereunder are reserved for nPerf SAS Company.
You will indemnify, hold harmless, and defend nPerf SAS Company, its employees, agents and distributors against any and all claims, proceedings, demand and costs resulting from or in any way connected with your use of nPerf SAS Company's Software.
In no event (including, without limitation, in the event of negligence) will nPerf SAS Company , its employees, agents or distributors be liable for any consequential, incidental, indirect, special or punitive damages whatsoever (including, without limitation, damages for loss of profits, loss of use, business interruption, loss of information or data, or pecuniary loss), in connection with or arising out of or related to this Agreement, nPerf or the use or inability to use nPerf or the furnishing, performance or use of any other matters hereunder whether based upon contract, tort or any other theory including negligence.
nPerf SAS Company's entire liability, without exception, is limited to the customers' reimbursement of the purchase price of the Software subscription (maximum being the lesser of the amount paid by you and the suggested subscription price as listed by nPerf SAS Company) in exchange for the return of the product, all copies, registration papers and manuals, and all materials that constitute a transfer of license from the customer back to nPerf SAS Company.
Except as expressly stated in writing, nPerf SAS Company makes no representation or warranties in respect of this Software and expressly excludes all other warranties, expressed or implied, oral or written, including, without limitation, any implied warranties of merchantable quality or fitness for a particular purpose.4.5 Governing Law
This Agreement is subjected to the French law. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of France.
Should one or several regulations of this contract be in whole or in part legally ineffective, the validity of the rest of the regulations is not thereby affected
Any failure to comply with the terms and conditions of this Agreement will result in automatic and immediate termination of this license. Upon termination of the license granted herein for any reason, you agree to immediately cease use of nPerf and/or remove it from all your devices. The financial obligations incurred by you shall survive the expiration or termination of this license.5. DISCLAIMER OF WARRANTY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE SOLD "AS IS" AND WITHOUT WARRANTIES AS TO PERFORMANCE OR MERCHANTABILITY OR ANY OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED. THIS DISCLAIMER CONCERNS ALL FILES GENERATED AND EDITED BY nPerf AS WELL.
nPerf maintenance and support services are provided through nPerf.com website and with no obligation of results.
You agree that nPerf SAS Company may collect and use information gathered in any manner as part of the product support services provided to you, if any, related to nPerf. nPerf SAS Company may also use this information to provide notices to you which may be of use or interest to you.6.1 Commercial use of data
The collected data are aggregated to create free or non-free products and services destined to our users and customers including, but not limited to, the mapping and consultation of networks coverage or bitrate maps or producing statistics.6.2 Privacy
Collected data are attached to an identifier which is unique per device and anonymously generated by nPerf.
Although the application does not collect any nominative data or any unique identifier related to the terminal or the SIM card, processing these data and your geographical position in particular could, in certain circumstances, generate some risks for privacy.
If you object to the processing of the collected data as described in the present Contract, you must not accept these terms.
The service is edited by nPerf SAS, from France; by using the service, you accept to abide by every applicable law. The present Contract and the service use are governed by French Law.
In case of dispute, the French document will prevail.
With reservations for the applicable clauses of public order purposes as regards jurisdiction, the jurisdictions of nPerf SAS company headquarters alone will be competent to acknowledge any dispute regarding the Contract.