1e30f3d148
Aligned all instances of the tagline. Changes include documentation, metadata, UI content, test assertions, and other project assets.
398 lines
24 KiB
XML
398 lines
24 KiB
XML
import { useRouter } from 'next/router';
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import { NextSeo } from 'next-seo';
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import { Footer, Header } from '@nx/nx-dev/ui-common';
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export function Contact(): JSX.Element {
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const router = useRouter();
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return (
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<>
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<NextSeo
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title="Contact us"
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description="There are many ways you can connect with the open-source Nx community. Let's connect together!"
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openGraph={{
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url: 'https://nx.dev' + router.asPath,
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title: 'Contact us',
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description:
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"There are many ways you can connect with the open-source Nx community. Let's connect together!",
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images: [
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{
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url: 'https://nx.dev/socials/nx-media.png',
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width: 800,
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height: 421,
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alt: 'Nx: Smart Repos · Fast Builds',
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type: 'image/jpeg',
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},
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],
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siteName: 'Nx',
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type: 'website',
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}}
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/>
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<Header />
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<main id="main" role="main" className="py-24 lg:py-32">
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<div className="mx-auto max-w-prose">
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<h1 className="text-2xl font-bold leading-7 sm:text-3xl sm:tracking-tight">
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NX POWERPACK END USER LICENSE AGREEMENT
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</h1>
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<h2 className="mt-6 text-lg font-medium leading-6">
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Last Updated: September 18th, 2024
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</h2>
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<p className="mt-12">
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This Nx End User License Agreement (together with your associated
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Order Information, the “Agreement”) governs your use of our Nx
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Powerpack, a suite of paid extensions for Nx (the “Software”). To
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make this Agreement easier to read, the terms “Nx,” “we,” and “us”
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refers to Narwhal Technologies, Inc., and the term “you” refers to
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you and any organization that you are acting on behalf of in signing
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up for a subscription to the Software. If you are an individual
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acting on behalf of an entity, you represent and warrant that you
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have the authority to enter into this Agreement on behalf of that
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entity and to legally bind that entity. If you do not accept the
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terms of this Agreement, then you must not use the Software.
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</p>
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<div className="prose mt-6 mt-8 text-slate-700 dark:text-slate-400">
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<h2 className="mt-6 text-slate-700 dark:text-slate-400">
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1. DEFINITIONS.
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</h2>
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<dl>
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<dd>
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(a) “Licensed Volume” means the limits, volume or other
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conditions of permitted use for the Software as set forth in the
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Order Information, including any limits on the number of
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Authorized Users or number of workspaces.
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</dd>
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<dd>
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(b) “Nx IP” means the Software, algorithms, technology,
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databases, tools, know-how or processes used to provide or
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deliver the Software or any related services, and its
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documentation (“Documentation”), all improvements, modifications
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or derivative works of the foregoing (regardless of authorship),
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and all intellectual property rights (“IPR”) in any of the
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foregoing.
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</dd>
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<dd>
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(c) “Order Information” means (i) certain terms associated with
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your subscription to Use the Software, as communicated to you
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via our pricing page available at
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https://cloud.nx.app/powerpack/purchase (“Pricing Page”) , as
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may be updated from time to time or (ii) as otherwise set forth
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in a written order form or purchase order signed by you and Nx
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(“PO”).
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</dd>
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</dl>
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<h2 className="mt-6 text-slate-700 dark:text-slate-400">
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2. LICENSE.
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</h2>
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<dl>
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<dd>
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(a) License. Subject to the terms and conditions of this
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Agreement (including receipt of the License Key), Nx hereby
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grants you a worldwide, non-exclusive, non-transferable (except
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in compliance with Section 12), non-sublicensable license to
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download and install the Software on premises owned or
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controlled by you, and run the Software solely for your internal
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business purposes (the “Purpose”) during the Term in accordance
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with the Documentation and subject to the Licensed Volume. You
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have the right to permit your employees or contributors
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(“Authorized Users”) to use the Software on your behalf for the
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Purpose in accordance with this Agreement; provided, however,
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that you will remain fully and directly liable to Nx for any and
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all use of the Software by Authorized Users as if such use was
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by you yourself under this Agreement. Nothing in this Agreement
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will operate to grant you any right, title or interest, whether
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by implication, estoppel or otherwise, in or to the Nx IP, other
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than as expressly set forth herein. As between Nx and you, Nx
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will exclusively own all right, title and interest in and to the
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Nx IP.
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</dd>
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<dd>
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(b) Use Restrictions. You will not at any time, directly or
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indirectly, and will not permit any person or entity
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(collectively, “Person”) (including, without limitation, your
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Authorized Users) to: (i) copy, modify or create derivative
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works of the Software or Documentation, in whole or in part;
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(ii) reverse engineer, disassemble, decompile, decode or
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otherwise attempt to derive or gain improper access to any
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software component of the Software, in whole or in part; (iii)
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frame, mirror, sell, resell, rent or lease the use of the
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Software, License Key or Documentation to any other Person, or
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otherwise use or allow any Person to use the Software, License
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Key or Documentation for any purpose other than for your benefit
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for the Purpose in accordance with this Agreement; (iv) create
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any script or other automated tool that attempts to create
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multiple License Keys; (v) use the Software or License Key in
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any infringing or unlawful manner; or (vi) use the Software,
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Documentation or any other Confidential Information of Nx for
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competitive analysis or benchmarking purposes, or to otherwise
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develop, commercialize, license or sell any product, service or
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technology that could, directly or indirectly, compete with the
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Nx IP.
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</dd>
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<dd>
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(c) Authorized Equipment. You will bear the sole responsibility
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for obtaining and maintaining the hardware and any computer
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systems, networks, telecommunications systems, Internet access,
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third party services or any other materials required to meet the
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minimum technical and operational requirements required to
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operate the Software.
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</dd>
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</dl>
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<h2 className="mt-6 text-slate-700 dark:text-slate-400">
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3. LICENSE KEY; FEES AND PAYMENT.
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</h2>
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To use the Software, you are required to purchase a license key via
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the Pricing Page or PO (“License Key”). You are liable for any
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actions or inactions performed under your License Key. You will pay
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Nx all fees set forth in your Order Information (“Fees”) on the
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payment dates specified in your Order Information. All Fees are
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non-refundable. Nx reserves the right to change the Fees and
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Licensed Volume and to institute new Fees and revised limits of the
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Licensed Volume upon 30 days’ prior notice to you. Unless otherwise
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specified in the Order Information, Fees will be paid by the
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approved credit card that you designate when you sign up to use the
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Software. You hereby authorize us to initiate all payment
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transactions for Fees from your approved credit card when such Fees
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are due, if applicable. Any and all Fees that are not paid to Nx
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when due will accrue interest at a rate of 1.5% per month, or the
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maximum rate permitted by law, whichever is greater. In the event of
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a conflict between this Agreement and the Order Information, the
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Order Information will control and govern. All Fees do not include
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any sales, use, value added or other applicable taxes, payment of
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which will be your sole responsibility (excluding any taxes based on
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Nx’s net income).
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<h2 className="mt-6 text-slate-700 dark:text-slate-400">
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4. CONFIDENTIAL INFORMATION.
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</h2>
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“Confidential Information” means any information that one party (the
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“Disclosing Party”) provides to the other party (the “Receiving
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Party”) in connection with this Agreement, whether orally or in
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writing, that is designated as confidential or that reasonably
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should be considered to be confidential given the nature of the
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information and/or the circumstances of disclosure. Confidential
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Information will not include any information that: (i) is or becomes
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generally known to the public through no fault or breach of this
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Agreement by the Receiving Party; (ii) is rightfully known by the
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Receiving Party at the time of disclosure without an obligation of
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confidentiality; (iii) is independently developed by the Receiving
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Party without access to or use of any Confidential Information of
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the Disclosing Party that can be evidenced in writing; or (iv) is
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rightfully obtained by the Receiving Party from a third-party
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without restriction on use or disclosure. For clarity, the Software
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and the Documentation will be deemed Confidential Information of Nx.
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The Receiving Party will not use or disclose any Confidential
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Information of the Disclosing Party except as necessary to perform
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its obligations or exercise its rights under this Agreement. The
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Receiving Party may disclose Confidential Information of the
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Disclosing Party only: (A) to those of its employees, contractors,
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agents and advisors who have a bona fide need to know such
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Confidential Information to perform under this Agreement and who are
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bound by written agreements with use and nondisclosure restrictions
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at least as protective of the Confidential Information as those set
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forth in this Agreement, or (B) as such disclosure may be required
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by the order or requirement of a court, administrative agency or
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other governmental body, subject to the Receiving Party providing to
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the Disclosing Party reasonable written notice to allow the
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Disclosing Party to seek a protective order or otherwise contest the
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disclosure.
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<h2 className="mt-6 text-slate-700 dark:text-slate-400">
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5. POLICIES; SUPPORT.
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</h2>
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You hereby acknowledge that you have reviewed and agreed to the Nx
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Privacy Policy at https://cloud.nx.app/privacy. Such policy is
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hereby incorporated into and is hereby deemed a part of this
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Agreement, binding upon you and you Authorized Users with respect to
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your and their use of the Software in connection with this
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Agreement. As part of your subscription to the Software, Nx will
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provide reasonable support in connection with the Software in
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accordance with the support terms set forth in your Order
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Information.
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<h2 className="mt-6 text-slate-700 dark:text-slate-400">
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6. FEEDBACK.
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</h2>
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From time-to-time you or your Authorized Users may provide Nx with
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feedback with regard to the Software. You, on behalf of yourself and
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your Authorized Users, hereby grant Nx a perpetual, irrevocable,
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royalty-free and fully-paid up license to use and exploit all such
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feedback in connection with Nx’s business purposes.
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<h2 className="mt-6 text-slate-700 dark:text-slate-400">
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7. INDEMNIFICATION.
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</h2>
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<dl>
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<dd>
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(a) Nx Indemnification. Nx will defend and pay all damages
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finally awarded against you pursuant to a final, valid and
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binding judgment or order, or a final settlement agreement with
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respect to any claim, suit or proceeding brought by a third
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party against you arising from the Software’s infringement of
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such third-party’s IPR. The foregoing obligation will not apply
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if the underlying third-party claim arises from (i) your breach
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of this Agreement, negligence, willful misconduct or fraud; (ii)
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modifications to the Software by anyone other than Nx; or (iii)
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combinations of the Software of with software, data or materials
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not provided by Nx. If Nx reasonably believes the Software (or
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any component) could infringe any third party’s IPR, Nx may, at
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its sole option and expense: (A) procure the right for you to
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continue using the Software (or any infringing component) to
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make it non-infringing without materially reducing its
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functionality; or (B) replace the Software (or any infringing
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component) with a non-infringing alternative that is
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functionally equivalent in all material respects. If the
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foregoing remedies are not available to Nx on commercially
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reasonable terms, then Nx may terminate your use of the Software
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upon notice to you.
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</dd>
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<dd>
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(b) Your Indemnification. You will defend and pay all damages
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finally awarded against Nx pursuant to a final, valid and
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binding judgment or order or a final settlement agreement with
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respect to any claim, suit or proceeding brought by a third
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party against Nx arising from any breach of the restrictions set
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forth in Section 2(b).
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</dd>
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<dd>
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(c) Indemnification Procedures. The party seeking defense and
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indemnity (the “Indemnified Party”) will promptly notify the
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other party (the “Indemnifying Party”) of any and all such
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claims and will reasonably cooperate with the Indemnifying Party
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with the defense and/or settlement thereof. The Indemnifying
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Party will have the sole right to conduct the defense of any
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claim for which the Indemnifying Party is responsible hereunder
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(provided that the Indemnifying Party may not settle any claim
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without the Indemnified Party’s prior written approval unless
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the settlement unconditionally releases the Indemnified Party
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from all liability, does not require any admission by the
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Indemnified Party, and does not place restrictions upon the
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Indemnified Party’s business). The Indemnified Party may
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participate in the defense or settlement of any such claim at
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its own expense and with its own choice of counsel or, if the
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Indemnifying Party refuses to fulfill its obligation of defense,
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the Indemnified Party may defend itself and seek reimbursement
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from the Indemnifying Party.
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</dd>
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</dl>
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<h2 className="mt-6 text-slate-700 dark:text-slate-400">
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8. DISCLAIMERS.
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</h2>
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THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, AND NX MAKES NO
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WARRANTIES OR REPRESENTATIONS TO YOU, YOUR AUTHORIZED USERS OR TO
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ANY OTHER PERSON REGARDING THE SOFTWARE. TO THE MAXIMUM EXTENT
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PERMITTED BY APPLICABLE LAW, NX HEREBY DISCLAIMS (a) ALL WARRANTIES
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AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED AND (b) ANY WARRANTY
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THAT USE OF THE SOFTWARE WILL BE ERROR-FREE.
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<h2 className="mt-6 text-slate-700 dark:text-slate-400">
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9. LIMITATIONS OF LIABILITY.
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</h2>
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EXCEPT FOR A PARTY’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD,
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IN NO EVENT WILL (a) EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR
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ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL
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DAMAGES, LOSS OF INCOME, DATA, PROFITS, REVENUE OR BUSINESS
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INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES OR OTHER ECONOMIC
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LOSS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER
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SUCH LIABILITY ARISES FROM ANY CLAIM BASED ON CONTRACT, WARRANTY,
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TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND
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WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
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SUCH LOSS OR DAMAGE AND (b) NX’S TOTAL LIABILITY TO YOU, YOUR
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AUTHORIZED USERS OR ANY OTHER PERSON IN CONNECTION WITH THIS
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AGREEMENT OR THE PROVISION OF THE SOFTWARE EXCEED THE FEES ACTUALLY
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PAID BY YOU TO NX IN THE 12 MONTH PERIOD PRECEDING THE ACTION GIVING
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RISE TO SUCH LIABILITY.
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<h2 className="mt-6 text-slate-700 dark:text-slate-400">
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10. TERM AND TERMINATION.
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</h2>
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<dl>
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<dd>
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(a) Term; Termination. The term of this Agreement will begin on
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the effective date in the Order Information, and will expire at
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the end of the initial term specified in the Order Information
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(the “Initial Term”). Following the Initial Term, this Agreement
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will automatically renew for successive one-month terms (the
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Initial Term, together with any renewal term, the “Term”),
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unless Nx or you provides the other with at least twenty (20)
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days’ written notice of its intent not to renew prior to the end
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of the then-current term. Either party may terminate this
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Agreement, effective on written notice to the other party, if
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the other party materially breaches this Agreement, and such
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breach: (A) is incapable of cure; or (B) being capable of cure,
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remains uncured thirty (30) days after the non-breaching party
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provides the breaching party with written notice of such breach.
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</dd>
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<dd>
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(b) Effect of Termination; Survival. Upon termination of this
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Agreement, your right to use the Software will immediately
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terminate and you shall cease using the Software, including for
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example, by permanently removing the Software dependency. This
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Section 10(b) and Sections 2(b), 3, 4, 5 (first sentence), 6 – 9
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and 12 survive any termination of this Agreement.
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</dd>
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</dl>
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<h2 className="mt-6 text-slate-700 dark:text-slate-400">
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11. TRADEMARKS.
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</h2>
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You hereby grant Nx a limited, non-exclusive, royalty-free license
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to use and display your name, designated trademarks and associated
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logos (“Your Marks”) during the Term in connection with Nx’s
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marketing and promotional efforts for its products and services,
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including by publicly naming you as a customer of Nx. Nx will
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conform to and observe the trademark standards as you prescribe from
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time to time. All goodwill generated by Nx’s use of Your Marks
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inures to your benefit.
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<h2 className="my-6 text-slate-700 dark:text-slate-400">
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12. MISCELLANEOUS.
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</h2>
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This Agreement, together with the Order Information, is the complete
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and exclusive agreement between the parties with respect to its
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subject matter and supersedes all prior or contemporaneous
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agreements, communications and understandings, both written and
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oral, with respect to its subject matter, including any prior terms.
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This Agreement may be amended or modified only by a written document
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assented by duly authorized representatives of the parties. Nx may
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perform an audit of your use of the Software once per year in
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connection with your compliance with this Agreement, including if
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you are exceeding the Licensed Volume. Nx may provide notices to you
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by posting them on our website, by providing electronic notification
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via the Software, or by email to the address associated with your
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account. You may provide notices to us via email at
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powerpack-support@nrwl.io. All notices are effective upon posting or
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when delivered. Except as otherwise set forth herein, either party’s
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failure to enforce any provision of this Agreement will not
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constitute a waiver of future enforcement of that or any other
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provision. No waiver of any provision of this Agreement will be
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effective unless it is in writing and signed by the party granting
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the waiver. If any provision of this Agreement is held invalid,
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illegal or unenforceable, that provision will be enforced to the
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maximum extent permitted by law, and the remaining provisions of
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this Agreement will remain in full force and effect. This Agreement
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will be governed by and construed in accordance with the laws of the
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State of California without giving effect to any principles of
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conflict of laws that would lead to the application of the laws of
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another jurisdiction. Any legal action or proceeding arising under
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this Agreement will be brought exclusively in the federal or state
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courts located in the Northern District of California and the
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parties irrevocably consent to the personal jurisdiction and venue
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therein. Nx may freely assign its rights and obligations under this
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Agreement. You may not assign or transfer this Agreement, by
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operation of law or otherwise, without Nx’s prior written consent;
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provided, however, that you may assign your rights or delegate your
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obligations, in whole or in part, without such consent, to (i) one
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or more of your affiliates, or (ii) a third party that succeeds to
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all or substantially all of your business and assets relating to the
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subject matter of this Agreement, whether by sale, merger, operation
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of law or otherwise. Any attempt to assign or transfer this
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Agreement without such consent will be void. Subject to the
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foregoing, this Agreement is binding upon and will inure to the
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benefit of each of the parties and their respective successors and
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permitted assigns. Unless otherwise expressly provided, no
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provisions of this Agreement are intended or will be construed to
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confer upon or give to any person or entity, other than the parties,
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any rights, remedies or other benefits under or by reason of this
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Agreement.
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</div>
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</div>
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</main>
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<Footer />
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</>
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);
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}
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export default Contact;
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