This End User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and Pawel Borkar ("we", "us", or "our") for the Nirvan macOS software application ("Software").
By downloading, installing, or 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.
IMPORTANT: The software is licensed, not sold.
Table of Contents
- License Grant
- Scope of Use
- Personal & Commercial Use
- Restrictions
- Ownership & Intellectual Property
- Updates
- Termination
- Export Compliance
- Limitation of Liability
1. License Grant
Subject to your continuous compliance with this EULA and payment of the applicable license fees, we grant you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Software solely for your personal or internal business purposes strictly in accordance with the terms of this EULA.
2. Scope of Use
Depending on the license tier purchased:
- Free/Pro License: Valid for use by a single individual on their personal or assigned macOS devices.
- Lifetime License: Valid for use by a single individual on up to 3 macOS devices.
- Team License: Valid for use by up to 10 designated individuals within a single organization.
3. Personal & Commercial Use
The Software may be used for both personal and commercial purposes, provided that you have acquired a valid license and operate within the seat limits specified by your license tier.
4. Restrictions
You agree not to, and you will not permit others to:
- License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Software.
- Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Software.
- Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Nirvan or its affiliates, partners, suppliers or the licensors of the Software.
- Use the Software for any purpose that is illegal or prohibited in this EULA.
5. Ownership & Intellectual Property
The Software, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of Pawel Borkar. The software is licensed, not sold.
6. Updates
We may from time to time provide enhancements or improvements to the features/functionality of the Software, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates"). Updates may modify or delete certain features and/or functionalities of the Software.
Access to Updates is governed by your license tier (e.g., 1 year of updates for Pro, lifetime updates for Lifetime tier).
7. Termination
This EULA shall remain in effect until terminated by you or us. We may, in our sole discretion, at any time and for any or no reason, suspend or terminate this EULA with or without prior notice. This EULA will terminate immediately, without prior notice from us, in the event that you fail to comply with any provision of this EULA.
Upon termination of this EULA, you shall cease all use of the Software and delete all copies of the Software from your mobile device or from your computer.
8. Export Compliance
You may not use or otherwise export or re-export the Software except as authorized by Indian law and the laws of the jurisdiction in which the Software was obtained. By using the Software, you represent and warrant that you are not located in any country embargoed by the Government of India or on any Government of India list of prohibited or restricted parties.
9. Limitation of Liability
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR, THE ENTIRE LIABILITY OF PAWEL BORKAR AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS EULA AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PAWEL BORKAR OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, FOR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SOFTWARE, THIRD-PARTY SOFTWARE AND/OR THIRD-PARTY HARDWARE USED WITH THE SOFTWARE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THIS EULA).