User Agreement

THIS USER AGREEMENT IS A LEGAL CONTRACT BETWEEN YOU AND NCA DYNAMICS INC. GOVERNING YOUR USE OF ALL SOFTWARE HOSTED BY NCA DYNAMICS INC. AND THE SERVICES OUTLINED IN THIS USER AGREEMENT. NCA DYNAMICS INC. IS UNWILLING TO LICENSE OR OTHERWISE AUTHORIZE YOUR USE OF THE SOFTWARE LICENSED OR THE OTHER SERVICES PROVIDED HEREIN EXCEPT ON THE TERMS CONTAINED IN THIS USER AGREEMENT. YOUR USE OF THE SOFTWARE SHALL CONSTITUTE AN ACCEPTANCE BY YOU OF THE TERMS OF THIS USER AGREEMENT. IF YOU DO NOT WISH TO AGREE TO THE TERMS OF THE USER AGREEMENT, DISCONTINUE ALL USE OF THE SOFTWARE.

THIS USER AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF SOLERA SOLUTIONS' OBLIGATIONS AND RESPONSIBILITIES TO YOU, AS LICENSEE OF THE SOFTWARE AND USER OF THE SOLERA SOLUTIONS SERVICES, AND SUPERSEDES ANY OTHER PROPOSAL, REPRESENTATION, OR OTHER COMMUNICATION BY OR ON BEHALF OF NCA DYNAMICS INC. RELATING TO THE SUBJECT.

THIS USER AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES (see Section 8), EXCLUSIVE REMEDIES (see Section 8), AND LIMITATIONS ON LIABILITIES (see Section 9), ALL OF WHICH FORM AN ESSENTIAL BASIS OF THIS USER AGREEMENT.

“NCA Dynamics Inc. Documentation” is the user manual for Solera Solutions Software.


“NCA Dynamics Inc. Parties” is NCA Dynamics Inc., its affiliates, service providers, licensors, and suppliers.


“NCA Dynamics Inc. Services” is the configuration of hardware, network, software, and Internet portal that NCA Dynamics Inc.’ third-party suppliers provide for your use in hosting the Software.


“NCA Dynamics Inc. Software” is the proprietary application software hosted by Solera Solutions’ third-party suppliers, including, without limitation, enhancements, upgrades, modifications, new versions, and replacements.


“Support Software” is the configuration of software that Solera Solutions provides for your use of the Solera Solutions Software, including, without limitation, enhancements, upgrades, modifications, new versions, and replacement software.


“Software” is the NCA Dynamics Inc. Software and the Support Software.

a.  In General. Subject to the terms and conditions of this User Agreement, NCA Dynamics agrees, through a third-party vendor, to host the Software and provide certain support services. Use of the Software depends on your compliance with this User Agreement. Subject to the terms and conditions of this User Agreement, the scope of your use of the Software depends on the subscription you purchase.

b.  Software License. NCA Dynamics hereby grants to you, and you accept, a limited, nonexclusive license to use the Software in object code form only, and the NCA Dynamics Documentation, only as authorized in this Agreement.

c.  Support Software Licenses. Certain programs contained in the Support Software may be provided with their own license agreements and are licensed under the terms of the agreements provided with them.

d.  Hosting of the Software. For the term of, and in accordance with the terms and conditions of, this User Agreement, NCA Dynamics will, through third parties, provide facilities, equipment, and programming, collectively making up a host data center (the “NCA Dynamics Services”), as necessary to provide you access to the Software via the Internet. You will be responsible for providing your own Internet access and computer equipment needed to access the NCA Dynamics Services.

e.  Limitation on use of NCA Dynamics Services and Software. You agree:

i.  you are responsible for the evaluation and selection of, as well as for the results obtained from, the NCA Dynamics Software;

ii.  you are responsible for complying with all rules and regulations relating to the NCA Dynamics Services sent to you by email or other electronic means as they may be amended from time to time;

iii.  to use the NCA Dynamics Services and the Software only for processing your business data and in accordance with the terms and conditions of this User Agreement;

iv.  to permit only authorized users, who possess rightfully obtained usernames and passcodes, to use the Software or to view the NCA Dynamics Documentation;

v.  not to make the Software, the NCA Dynamics Documentation, or any username or passcode available to any third party, including, without limitation, in any form by rental, service bureau, hosting, time sharing arrangement, or demonstration of the Software to any third party;

vi.  to use your best efforts to cooperate with and assist NCA Dynamics in identifying and preventing any unauthorized use, copying, or disclosure of the Software, the NCA Dynamics Documentation, or any portion thereof;

vii.  not to reverse assemble, reverse compile, or otherwise translate any Software;

viii. not to use the NCA Dynamics Services in any way that is unlawful, or which harms a NCA Dynamics Party, as determined by NCA Dynamics in its sole discretion;

ix.  not to interrupt, or attempt to interrupt, the operation of the NCA Dynamics Services in any way;

x.  not to restrict, in any way, any other authorized user from using the NCA Dynamics Services;

xi.  not to attempt to breach the security of the NCA Dynamics Services or the Software;

xii. not to access, or attempt to access, data belonging to third parties;

xiii. to ensure that anyone who uses the Software (accessed either locally or remotely) does so only for your authorized use and complies with the terms of this User Agreement;

xiv. to notify NCA Dynamics, in writing, as soon as is reasonably possible, if you learn of any actual or threatened infringement or piracy of the Software, or if any infringement or piracy claim is made against you by a party other than NCA Dynamics in connection with your use of the Software;

xv.  to provide accurate, current, and complete information on your legal name, address, email address, phone number, and other information reasonably requested by NCA Dynamics, and to keep such information updated; and

xvi. to be responsible for all electronic communications sent by you to NCA Dynamics, through NCA Dynamics Services or in your account.

f.  Updates and Upgrades to Software. NCA Dynamics reserves the right to, but shall not be obligated to, provide error corrections, enhancements, upgrades, modifications, and new versions for the Software.

g. Facilities. Except as otherwise expressly stated herein, you are responsible for obtaining, installing, configuring and maintaining all equipment, (including, without limitation, gateways and firewalls), network, software, wiring, power sources, telephone connections, and communications services necessary for inter-connection with NCA Dynamics Services or otherwise for use in conjunction with the NCA Dynamics Services (“Facilities”). You are responsible for ensuring that the Facilities are compatible with NCA Dynamics’ requirements and the Software. NCA Dynamics is not responsible for the availability, capacity, or condition of any Facilities.

h. Access to NCA Dynamics Services. NCA Dynamics reserves the right to deny access to the NCA Dynamics Services to anyone at any time.

i.  Transmission of Data. You understand that the technical processing and transmission of electronic communications is fundamentally necessary to your use of the NCA Dynamics Services.  You expressly consent to NCA Dynamics’ interception and storage of electronic communications, and you acknowledge and understand that your electronic communications will involve transmission over the Internet, and over various networks, only part of which may be owned, operated, or both by NCA Dynamics.  You acknowledge and understand that changes to your electronic communications may occur in order to conform and adapt such data to the technical requirements of connecting networks or devices.

All rights not expressly granted to you pursuant to this User Agreement are reserved to NCA Dynamics.

To the maximum extent permitted by applicable law, you grant NCA Dynamics the right to monitor the Software, the NCA Dynamics Services, and your use of each, and to disclose such information in the event that NCA Dynamics, in good faith, believes it is necessary for purposes of ensuring your compliance with this User Agreement, and protecting the rights, property, and interests of NCA Dynamics Parties.

To the maximum extent permitted by applicable law, you grant NCA Dynamics the right to monitor the Software, the NCA Dynamics Services, and your use of each, and to disclose such information in the event that NCA Dynamics, in good faith, believes it is necessary for purposes of ensuring your compliance with this User Agreement, and protecting the rights, property, and interests of NCA Dynamics Parties.

© 2016 by NCA Dynamics.