LICENSE.md

NANOME VR PRODUCT SUITE CALCFLOW, NANO-ONE, NANO-EDU, NANO-EDU INSTRUCTOR, AND NANO-PRO END USER LICENSE AGREEMENT Please read these terms of use (“Terms”) carefully before using Nanome’s software. These Terms govern and apply to all persons who access and use (“User(s)”) Nanome’s VR Product Suite, consisting of Calcflow, Nano-One, Nano-Edu, Nano-Edu Instructor, and Nano-Pro (collectively, the “Software”) and the website domain and related services provided via the internet, including related apps and community features (the “Site”). By downloading, installing or using The Software or the Site in any manner, you represent and affirm that you have read, understand and agree to be legally bound by and comply with the terms herein. If you do not agree with these Terms you are not authorized to use The Software or The Site in any manner.

1. Third Party Distribution Platforms: The Software may be distributed on third party proprietary software delivery platforms, including but not limited to Steam Store, Oculus Store and HTC Viveport. If you are purchasing The Software from any third party distribution platform, your use of The Software is also subject to the terms and conditions set forth in their respective Subscriber Agreement and/or any other terms set forth by the third party corporations in relation to their software distribution service. Nanome reserves the right, at its sole discretion, without recourse, to choose to stop distributing the Software on any third party distribution platform at any time.
2. Rights to Use The Software Use Rights. Conditioned upon your acceptance of these Terms and payment of all applicable fees, Nanome grants you a non-exclusive, non-transferable, non-sublicensable license to install and execute the executable form of The Software corresponding to the license that you have purchased, solely for use by a single seat at a time, in full compliance with this Agreement, during the applicable term. Nanome may monitor your compliance with and enforce these restrictions and requirements. Copies of Nanome Products. You may install The Software on both a primary and a secondary copy or operating system, solely for your convenience, but only for use by a single person. For the sake of clarity, you may only use one installation at any time. Nanome may in our sole discretion authorize you to install The Software on additional computers or operating systems upon deactivation of The Software installed on existing computers. Third Party Software. The Software incorporates or is bundled with Third Party Software governed by separate terms, including open source licenses. Such Third Party Software terms are identified in the LICENSES.TXT file bundled with the Nanome’s Software and incorporated into this Agreement by Reference. You agree that you have reviewed and accepted those terms and that your use of The Software will be deemed acceptance thereof.
3. Intellectual Property Rights and Restrictions. Nanome Content. The Site and Software are protected by copyright and trademark, and except as expressly provided in the Agreement, Nanome and its licensors exclusively own all right, title and interest in and to the Site and Software, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service umark, or other proprietary rights notices incorporated in or accompanying the Site or Software. Your Content. In the course of using The Software you may be permitted to export content, depending on the tier of software that you have subscribed to. To the extent that you are permitted to export, and that the exported content is protectable, you own any and all rights, title and interest to content that you create using The Software, however you acknowledge that Nanome retains all rights, title and interest to any and all of the Nanome Content, including component images, assets, textures and materials contained in The Software (to the extent that the components are protectable by law). If you are assenting to these Terms to use Calcflow, Nano-One, Nano-Edu or Nano-Edu Instructor, we grant you a worldwide, limited, revocable, non-exclusive, non-sublicenseable license to combine or integrate the exported component images, assets, textures and materials contained in the Nanome Content with Your Content, but only for a non-commercial use. If you are assenting to these Terms to use Nano-Pro then we grant you a worldwide, limited, revocable, non-exclusive, non-sublicenseable license to combine or integrate the exported component images, assets, textures and materials contained in the Nanome Content with Your Content for a commercial use. You may not use any of the Nanome Content for competitive analysis or to develop a competing product or service. Your Content also includes any data, text, information, usernames, graphics, photos, profiles, audio, video clips, and links that you post to The Site. User Content. In the course of using the Software and Site you may be permitted to download, distribute, and comment on data, text, information, usernames, graphics, photos, profiles, audio, video clips, links and exported content created with The Software that other Users submit, publish or display (“Post”) on Nanome’s Site or Software (“User Content”), subject to the restrictions outlined below. Nanome does not control, is not responsible for, and makes no representations or warranties with respect to any User Content. You are responsible for your access to, use of and/or reliance on any User Content. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research and due diligence with respect to any User Content. Proprietary Rights in Content Posted on Nanome’s Site. Nanome does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other content NOT created with, or not exported from the Software, that is posted or submitted on or through the Site or Software by you or other Users. Some of the Nanome services may be supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Nanome may place such advertising and promotions on the Nanome Site or on, about, or in conjunction with Your Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice to you. You represent and warrant that: (i) you own the content posted by you on or through the Nanome Site or otherwise have the right to grant the license set forth in this section, (ii) your posting and use of content on The Site does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (iii) your posting of content on the Site does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of content you post on or through the Site as per the Indemnification section below. The Site contains User Content and content owned by other Nanome licensors. Except as provided within this Agreement, you may not copy, modify, create derivative works, publicly display, publicly perform, or digitally transmit any content appearing on or through the Site. Third Party Distribution Platforms including Steam Workshop. Nanome may, at its sole discretion, permit or prohibit sharing Your Content and User Content on third party distribution platforms, including but not limited to Steam Workshop. If you are permitted to, and distribute your content on Steam Workshop or a similar third party distribution platform, then you are also subject to the terms and conditions set forth in their respective Subscriber Agreement and/or any other terms set forth by the third party corporations in relation to their software distribution service. Trademarks . All trademarks, service marks, logos, trade names and any other proprietary designations of Nanome used herein are trademarks or registered trademarks of Nanome. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
4. Software Restrictions. Nanome Software Tier Restrictions. You acknowledge and agree that as an express condition to the rights granted under “Rights” above, you are not permitted to access, use, combine or integrate in any manner any of the features of one tier of The Software (e.g., of Nano-Pro) with any content exported or created using any other tier of The Software (e.g., of Calcflow, Nano-one or Nano-Edu). Software Features and Support. Features for each tier of The Software are described on the Site, and Nanome may, at its sole discretion, add or remove features from any tier of The Software. Technical support for the Software may be offered by Nanome, but you acknowledge and agree that Nanome has no obligation under this Agreement to provide patches, updates, new releases or new versions of the Nanome Software. Educational Product Restrictions. Nano-Edu and Nano-Edu Instructor are licensed for educational purposes and non-commercial use only. If you are accepting these Software Terms for use of Nano-Edu or Nano-Edu Instructor, you represent and warrant that you are accepting the terms on behalf of a school or university, or you are a student, member of the faculty, teacher, professor, lecturer or faculty of any other educational institution.
   If you are using either of the educational versions of The Software, your right to distribute content produced with The Software is limited to educational, non-commercial purposes. Nanome may include a watermark designating that content exported using The Software was created using the academic version of The Software. Nano-One and Calcflow Use Restriction. If you accepting these terms for Nano-One and/or Calcflow you represent and warrant that your use of the Software will be noncommercial. Revenue Restrictions If you are accepting these software terms for use of Calcflow, Nano-One, Nano-Edu or Nano-Edu Instructor, you represent and warrant that you are not a commercial entity (meaning any company, corporation, limited liability company, general partnership, limited partnership, limited liability partnership, proprietorship, joint venture or other form of business organization, excluding any government, non-profit, educational or academic institution) that has either: (1) reached gross revenues in excess of US$100,000, or (2) raised funds (including but not limited to crowdfunding) in excess of US$100,000, in each case during the most recently completed fiscal year. During the term of this Agreement, you expressly acknowledge and agree that if you are a commercial entity using Calcflow, Nano-One, Nano-Edu or Nano-Edu Instructor in accordance with the above revenue restriction and the above threshold is exceeded, then you may no longer use that tier of the Software and you must either: (a) purchase Nano-Pro, or (b) destroy all copies of The Software in your possession or control. Nanome may monitor your compliance with and enforce these restrictions and requirements. General Restrictions. Except as expressly specified in this Agreement, you may not: (a) copy (except in the course of loading or installing) or modify or create derivative works of The Software; (b) distribute, transfer, sublicense, lease, lend, rent or otherwise provide access to The Software to any third party; (c) directly or indirectly make the functionality of The Software available to multiple users or third parties through any means, including but not limited to by uploading The Software to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SAAS) or any other technology or service; or (d) use The Software for competitive analysis or to develop a competing product or service. Reverse Engineering. You acknowledge and agree that portions of The Software, including but not limited to the source code and the specific design and structure of individual modules or programs, are confidential and constitute or contain trade secrets of Nanome and its licensors. Accordingly, you agree not to disassemble, decompile or attempt to reverse engineer The Software, in whole or in part, or permit or authorize a third party to do so, except to the extent such activities are expressly permitted by this Agreement or by law notwithstanding this prohibition. Age Restrictions. The Software and Site are intended only for general audiences over the age of 13 years old. If you are not 13 years old, you may not access or use the Software or Site. If you have attained the age of 13 years but have not attained the age of 18 years; you must obtain the approval from your parent or legal guardian to use the Nanome Software, the Site, or to make any purchases.
5. Site Restrictions Site Restrictions. When using the Site for any services accompanying the Software or for any other reason, you agree to be bound by and follow the following terms. If you do not agree to all of these terms, do not use the Site. You may not post inappropriate materials. This includes nude, partially nude, or sexually suggestive photos. You are responsible for any activity that occurs under your username, so keep your password secure. You may not impersonate another person or represent yourself as affiliated with Nanome or Nanome’s staff You must not abuse, harass, threaten, impersonate, or intimidate other Nanome Users. You may not use web URLs in your username or posts without prior written consent from Nanome. You may not use the Software or Site for any illegal or unauthorized purpose. International Users agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for Your Content, your conduct and any data, text, information, usernames, graphics, photos, profiles, audio, video clips and links that you submit, post, and display on Nanome’s Site or Software. This list is an example and is not intended to be complete or exclusive. We don’t have an obligation to monitor your access to or use of the Site or to review or edit any information, User Content, or Your Content posted to Nanome’s Site. However, we have the right to do so for the purpose of operating the Site or Software, to ensure your compliance with these Terms, or to comply with the applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any data, to any User Content, or to Your Content, that we consider, in our sole discretion, to be in violation of these Terms, or harmful to the Site or Software. Nanome may store deleted content in order to comply with certain legal obligations and claims. Consequently, Nanome encourages you to maintain your own backup of Your Content. In other words, Nanome is not a backup service. Nanome will not be liable to you for any modification, suspension, or discontinuation of the Nanome Site or accompanying services, or loss of any User Content. User Content available through the Site has not been reviewed, verified or authenticated by us, and may include inaccuracies or false information. We make no representations, warranties, or guarantees in connection with our Site or any User Content on the Site, relating to the quality, suitability, truth, accuracy or completeness of any User Content contained in the Site.
6. Payments Fees. Fees for the different tiers of The Software are available on the Site. Nanome may increase, modify or add new fees and charges for any of The Software from time to time by posting such changes to the Site. Nanome will provide you with at least 30 days’ notice of any changes affecting existing Software you have started using, and your continued use of such Software after the effective date of any such change means that you accept and agree to such changes as applicable You agree to pay all amounts due for The Software as set forth in the online cart, quote, or invoice in accordance with Nanome’s payment terms and, if applicable, those of any payment processor. If any payment is not made on time, Nanome may deactivate your access to The Software. Fees payable under the Agreement may be net amounts and payable in full, and we do not guarantee any deduction for taxes or duties of any kind not itemized on your invoice at checkout. You will be responsible for, and agree to promptly pay, all taxes or duties of any kind (including but not limited to sales, use and withholding taxes) associated with any purchase or your receipt or use of The Software. In the event that Nanome is required to collect any tax for which you are responsible, you will pay such tax directly to Nanome or its payment processor. If you pay any withholding taxes that are required to be paid under applicable law, you will promptly furnish Nanome with written documentation of all such tax payments, including receipts. Nanome reserves the right to collect any applicable sales, use or value added tax. All sales are final and there shall be no refunds except as required by law. Further, Nanome will not allow changes to your purchase after you complete it. Nanome may disable all copies of The Software you have licensed or subscribed to in the event you fail to make all payments when due. Billing. If you purchase Software, you will be asked to provide customary billing information such as name, company name, billing address, credit card information and VAT number (for EU residents) either to Nanome or its third party payment processor. VAT numbers cannot be added or changed after the purchase is completed. When you provide billing information to Nanome or its third party payment processor, you: (a) represent and warrant that you are the authorized user of the card, PIN, key or account associated with such billing information; (b) agree to pay Nanome for all purchases (including all applicable taxes) made via the Site; and (c) thereby authorize Nanome or its third party payment processor to charge your credit card or otherwise process your payment for any purchase, subscription or other fees incurred by you. If you are directed to Nanome’s third payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s privacy policy. Please review such third party’s terms and conditions and privacy policy before using such services.
7. Term Subscription Term. Subscription based seats (e.g., Nano-Edu Instructor and Nano-Pro) will remain in effect for the initial subscription period (which has a minimum commitment of 12 months), and thereafter will automatically renew on a month-to-month basis at the then current list price, unless you renew the subscription for a new subscription term or terminate and cancel it as described on the Site. Subscription based seats for Nano-Pro and Nano-Edu Instructor are not cancelable during the subscription term and are non-refundable. Upon termination, you must at Nanome’s option either promptly delete and destroy or return to Nanome all copies of The Software in your possession or control. Perpetual Seats. Paid in full, perpetual seats (e.g. Calcflow, Nano-One and Nano-Edu) will remain in effect unless earlier terminated in accordance with the Agreement.
8. Privacy Policy and Consent to Data Collection Information We Collect. You acknowledge and agree that Nanome may receive some information about Users, their devices, locations and interactions with the Software and the Site, either when Users actively provide us with information (for example, when a User creates an account with Nanome on the Site in order to purchase the software, he or she will type in a name, username, and email address and may be required to provide a date of birth or other information), or passively, by using The Software or Site to automatically collect information. Information Users May Provide. Users or others may provide: (1) Name, (2) Age or Date of Birth, (3) Gender, (4) Username, (5) Profile Photo, (6) Email Address, (7) Physical Mailing address, (8) Phone Number, (9) Name and contact information for a business organization, (10) Password(s) that Users create to access parts of the Software or Site, (11) Billing or Financial Account information and tax or government IDs (when Users provide payment information to make a purchase, that information is sent to payment processors who assist Nanome. Nanome’s payment systems are not designed to store credit card numbers), and (12) Users may provide us with information when they participate in community and forum pages on The Site. Information Collected Automatically. In the course of using the Software and The Site, Nanome may automatically collect device and technical information, including various unique identifiers, such as device name and IDs, hardware model, operating system and version, and network information, IP address, Browser information, cookie information, and date and time of access the Software or The Site. When you use the Software, it may automatically make Internet connections to check for updates, validate your license keys, and provide us with aggregated usage statistics. We may employ third party analytics services to collect and analyze User’s use of the Software. Nanome and others working on Nanome’s behalf may employ cookies and related technologies to store information on or read information from your browser or device. The technologies used for these purposes may include cookies, web beacons, tracking pixels and/or local shared objects (also known as flash cookies). Third Party advertisers may place ads within the Site or The Software, and may use cookies or related technologies to deliver ads. We may combine information that we collect from you with information about you that we obtain from such third parties and information derived from any other subscription, product, or service Nanome provides. How We Use Information We Collect. Nanome uses information we collect to provide, administer, operate and improve our Software and related services provided through The Site. We may use your information for the following purposes: To create, administer and troubleshoot accounts and Software that we provide; To credit or accept payments; To provide technical support and respond to inquiries; To prevent fraud, enforce the relevant terms of services or licenses, and protect Users; To analyze use of the Software; test changes and improvements; to personalize your experiences; To perform analytics and research aimed at improving the accuracy, effectiveness, usability, or popularity of products and services that Nanome provides; To link or combine with other information we have gathered; and How We Might Share Information We Collect or Receive. Third Parties. We provide some User information to other companies who perform services on Nanome’s behalf, for example to third party payment processors. The Software may integrate with various third party cloud service providers. For the function of the Software necessarily some data and usage information may be sent to these third party cloud services. Safety and Legal Compliance. We may share your information when (1) we have a good faith belief that we are required to disclose the information in response to a legal process; (2) to satisfy any applicable laws or regulations; (3) if we believe the Software or The Site is being used in the commission of a crime; (4) when we have a good faith belief that there is a meaningful risk that poses a threat to the safety of you, another person or the public generally; and (5) in order to protect Nanome’s rights or property. With Your Consent. We may share information for other purposes if (1) you direct us to do so or, (2) you consent to such a sharing. Aggregated and/or De-identified information. Some of the information we collect does not directly identify you or your device. We may modify other information that can identify you or your device to limit or prevent such identification by aggregating or de-identifying it. We can share de-identified and/or aggregated information to any third party without restriction and use it for any purpose. Collection of Minor’s Personally Identifiable Information. Nanome’s Software and Site are intended for general audiences and Nanome does not knowingly collect any personal information from children. If any party becomes aware that a child under the age of 13 has provided us with personal information in contravention of our policies, they should contact us at hello@nanome.ai. California Residents. California residents have the right to request the identity of any third parties to whom the resident’s personal information was shared, if such sharing was to enable the third party’s direct marketing efforts. If you are a California resident and wish to make such a request, please submit your request to hello@nanome.ai or to opt out of having your personal information shared with third parties for their direct marketing purposes, please email us at hello@nanome.ai. “Do Not Track”. We do not recognize or respond to browser-initiated Do Not Track signals, as the Internet industry is currently still working on Do Not Track standards, implementations and solutions. To learn more about Do Not Track signals, you can visit. Allaboutdnt.com
9. Indemnification You agree to indemnify and hold Nanome harmless from and against any and all costs, damages, liabilities and expenses (including attorney’s’ fees) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to (a) your use or misuse of, or access to, The Software, (b) a violation of the Terms of this agreement, any applicable law or regulation, or the rights of any third party, by any person using your account; or (c) your Content. Nanome retains the right to employ Nanome’s own counsel. You remain solely responsible for Nanome’s defense and must obtain Nanome’s written consent to a settlement. You agree to notify Nanome of a pending suit claiming you have violated a third party’s intellectual property or other rights. Nanome requires that you confirm your indemnification in case of a lawsuit; failure to do so may be considered a breach of your Terms of Use.
10. Notice and Takedown Procedure for Copyright Complaints It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Millennium Copyright Act (DMCA). This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to Nanome as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Website (http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well. It is expected that all Users of any part of Nanome will comply with applicable copyright laws. However, if Nanome receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to 17 USC Section 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.
11. Designated Agent Nanome’s Designated Agent to receive notification of alleged infringement under the DMCA is: hello@nanome.ai Upon Receipt of proper notification of claimed infringement, Nanome will follow procedures outlined herein and in the DMCA.
12. Modification Nanome reserves the right, at its sole discretion, to modify or replace any of these Terms on Nanome’s Site and/or Software by sending you notice through The Software by push notification or email or by posting such notice to The Site. Nanome may also impose limits on certain features and restrict access to parts or all of The Software without notice or liability. You may not opt out of these notifications, and your continued use of The Software following the posting of any changes to these Terms constitutes acceptance of those changes.
13. Termination Nanome may terminate, change, suspend or discontinue The Software (including, without limitation, the availability of any feature or content) or your access to all or any part of The Software at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your use of The Software.
14. Disclaimer You understand and agree that The Software is provided to you “AS IS” and on an “AS AVAILABLE” basis. Without limiting the foregoing, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that The Software will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
15. Health and Safety Warning Some people may have severe dizziness, seizures, or blackouts triggered by light flashes or patterns. Exposure to certain light patterns or backgrounds on a virtual reality device may induce an epileptic seizure, even in persons who have no history of prior seizures or epilepsy. PLAYERS USING VIRTUAL REALITY HARDWARE SHALL CAREFULLY REVIEW ALL HEALTH AND SAFETY WARNINGS FROM THEIR RESPECTIVE MANUFACTURERS BEFORE USE.
16. Limitation of Liability OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE OR $1, WHICHEVER IS GREATER. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER ANY OTHER DAMAGES, INCLUDING, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION PHYSICAL DAMAGES, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (1) YOUR ACCESS TO OR USE OR INABILITY TO ACCESS OR USE THE SOFTWARE; (2) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY USING THE SOFTWARE; AND (3) ANY CONTENT OBTAINED FROM THE SOFTWARE; WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, (5) ANY COMMUNICATIONS, TRANSACTIONS, INTERACTIONS, DISPUTES OR ANY RELATIONS WHATSOEVER BETWEEN YOU AND ANY OTHER USER, PERSON OR ORGANIZATION; WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
17. Exclusions Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. In these cases, Nanome liability will be limited to the fullest extent permitted by law.
18. Arbitration For any dispute you have with Nanome, you agree to first contact Nanome and attempt to resolve the dispute with us informally. In the unlikely event that Nanome has not been able to resolve a dispute within 30 days, we agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms, or breach or alleged breach thereof (collectively, “Claims”), by binding arbitration. Unless you and Nanome decide otherwise, arbitration will be conducted in California with the arbitrator of Nanome’s choice. If your claim is for US $10,000 or less, Nanome may approve your request to have arbitration conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the arbitration rules. Each party will be responsible for paying any filing, administrative and arbitrator fees. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive or equitable relief from the courts for matters related to the intellectual property rights or unauthorized access to The Software. TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT BY ENTERING INTO THESE TERMS YOU AND NANOME ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
19. Governing Law These Terms are governed by the laws of the State of California, without regard to any conflict of laws, rules or principles.
20. Other Terms Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. These Terms in conjunction with Nanome’s Privacy Policy constitute the entire agreement between us regarding our Software, and supersede and replace any prior agreements we might have between us regarding the Service.
21. Severability No part of this agreement shall cease to be in effect in any other part is deemed unenforceable or otherwise non-applicable.
22. Questions & Contact Information Please contact us if you have any questions about our Terms. Alternatively, Nanome can be contacted at: Nanome Inc. 7770 Regents Rd. Building #113 hello@nanome.ai Effective: 11/09/2016