END USER LICENSE AGREEMENT & TERMS OF USE (THE/THIS "AGREEMENT")
THIS AGREEMENT SPECIFIES THE TERMS AND CONDITIONS FOR ACCESS TO AND USE OF THIS WEBSITE (THE "SITE") THE APPLICATIONS ON DEMAND SERVICE (THE "SERVICE"), THE EXETENDER SOFTWARE, THE ADMUSE SOFTWARE AND/OR ANY DOCUMENTATION AND/OR ASSOCIATED MATERIALS IN CONNECTION THEREOF (THE "SOFTWARE").
THIS AGREEMENT IS IMPORTANT - BEFORE ACCESSING THE SERVICE AND/OR THE WEB SITE AND/OR DOWNLOADING, INSTALLING AND/OR USING THE SOFTWARE, YOU MUST CAREFULLY READ AND AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT SET FORTH BELOW.
PLEASE NOTE THAT THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN YOU ("You," "Your" Or "User") AND EXENT TECHNOLOGIES LTD. ("EXENT") AND BETWEEN YOU AND THE SERVICE PROVIDERS (AS THIS TERM IS DEFINED HEREIN BELOW)
[SPECIAL NOTICE FOR NON-ENGLISH SPEAKERS: THE SOFTWARE, THE SERVICE AND THE SITE ARE SUITED PRIMARILY FOR THE USE OF ENGLISH SPEAKERS AND, THEREFORE, THIS AGREEMENT IS WRITTEN IN ENGLISH AND IS ADDRESSED TO ENGLISH SPEAKERS. IF YOU ARE NOT PROFICIENT IN ENGLISH AND FEEL THAT YOU CANNOT PROPERLY UNDERSTAND THIS AGREEMENT, WE RECOMMEND THAT YOU EITHER RETAIN THE HELP OF AN ENGLISH SPEAKER TO HELP YOU UNDERSTAND AND ACCEPT THE TERMS OF THIS AGREEMENT OR, ALTERNATIVELY, REFRAIN FROM USING THE SERVICE, THE SITE AND/OR INSTALLING OR USING THE SOFTWARE.]
IN ANY EVENT, BY CLICKING ON THE BUTTON LABELED "SUBMIT", "DOWNLOAD", "I ACCEPT", "I AGREE", "OPEN", "SAVE" OR ANY OTHER SIMILAR LINKS AS MAY BE DESIGNATED BY EXENT OR THE SERVICE PROVIDER AND/OR BY USING THE SERVICE OR THE SITE AND/OR INSTALLING OR USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE PRIVACY POLICY INCORPORATED HEREIN
PURSUANT TO ANY APPLICABLE STATUTES, REGULATIONS, RULES, ORDINANCES OR OTHER LAWS, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SOFTWARE. FURTHER, YOU HEREBY WAIVE ANY RIGHTS OR REQUIREMENTS UNDER ANY STATUTES, REGULATIONS, RULES, ORDINANCES OR OTHER LAWS IN ANY JURISDICTION WHICH REQUIRE AN ORIGINAL SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT USE THE SITE AND/OR THE SERVICE AND DO NOT INSTALL AND/OR USE THE SOFTWARE OR CLICK ON THE "I DO NOT AGREE" BUTTON AND CANCEL OPERATION OF THE SOFTWARE.
PLEASE NOTE THAT WHILE YOUR USE OF THIS SITE, THE SERVICE AND THE SOFTWARE IS SUBJECT TO THE TERMS OF THIS AGREEMENT, YOUR USE OF ANY APPLICATIONS ON THE SERVICE MAY BE SUBJECT TO ADDITIONAL LICENSE AGREEMENTS PROVIDED BY A THIRD PARTY AND DISPLAYED PRIOR TO YOUR USE OF SUCH APPLICATIONS. YOUR USAGE OF THESE APPLICATIONS SHALL BE GOVERNED BY SUCH THIRD PARTY'S LICENSE AGREEMENT, WITHOUT ANY PREJUDICE TO ANY OF YOUR OBLIGATIONS AND REPRESENTATIONS UNDER THIS AGREEMENT.
1. THE SITE AND THE SERVICE
(a) THE CONTENT ON THIS SITE
This Site may include data, information, press releases and other communications, documents, code, software, photos, text, video, graphics, music, sounds, images, logos and other material (the "Content"). The Content should not be considered complete, nor should it be relied upon for any purpose or means. This Site may be accessed from other countries around the world and may contain references to products, services, and programs that have not been made available in your country.
(b) THE SERVICE
The Service is an on-demand application service, which allows you, subject to the terms of this Agreement, by installing and using the Software, to use third-party software applications ("Applications"), such as video games, offered by certain third party service providers ("Service Provider"), in real-time, on-demand, manner. The right to use the Application is a limited, non-exclusive, non-transferable, personal right and is granted subject to all of the limitations and restriction s set forth in this Agreement. You acknowledge that the Applications, the use thereof and the Service are provided to you "as is" and "as available" and neither Exent nor any Service Provider is or shall be responsible to you and/or to any third party for the content or performance of the Service and/or any Applications therein. It is your responsibility to comply with all terms and conditions, restrictions and disclaimers relating to the Applications you choose to access using the Software, as well as with any other legal obligation, including without limitation obligations under copyright, secrecy, defamation, decency, privacy, security and export laws. In no event shall Exent and/or the Service Provider be liable to you or to any third party for any damage arising from and/or occasioned by the use of the Applications or the Service and/or the exposure to any advertisement and/or promotional materials.
(c) THE LINKS ON THIS SITE
This Site may contain links to other web sites which may be of interest to you. Neither Exent nor any Service Provider and/or any of Exent's customers and/or any third-party advertising companies (collectively - the "Companies" and each - a "Company"), makes any review of or monitors any web sites linked to this Site and are not responsible for the content or activities of any such linked web sites. The links, if any, are provided solely as a convenience to you. Navigating to such web sites is at your own risk.
(d) SITE AND SERVICE RESTRICTIONS
You agree that you shall use the Site only in a manner that complies with all applicable laws in the jurisdictions in which you use this Site and/or Service, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights. Except as specifically authorized herein, you may not: (i) permit other individuals to use the Service; (ii) modify, translate, distribute or create derivative works of the Site and/or Service; (iii) rent, lease, transfer, or otherwise transfer rights to use the Service; (iv) remove any proprietary notices or labels on the Site; (v) use this Site and the Service for any purpose except for non-commercial use; (vi) use this Site and/or the Service in any way to provide, or as part of, any commercial service or application; (vii) attempt to, in conjunction with, any device, software program or service, circumvent technological measures employed to control access to, or the rights in, any Content on the Site and/or any Content you are granted access to on the Service; (viii) copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of this Site and/or the Service, except that you may access and display material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only; (ix) distribute any part of this Site over any network; (x) decompile, reverse engineer, disassemble, or otherwise reduce the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software; (xi) use any device, software or routine to interfere or attempt to interfere with the proper working of this Site and/or the Service or any transaction conducted on this Site; (xii) take any action which imposes an unreasonable or disproportionately large
load on this Site or Exent or the Service Provider's infrastructure; (xiii) use any robot, spider or other automatic device or manual process to monitor, deep link with or copy any of the Companies' web pages or the Content contained on this Site without the relevant Company's prior written consent.
You agree that any information or other material that you post, transmit or otherwise make available through your use of this Site or the Service, to any Company: (a) shall not be fraudulent or intentionally misleading or inaccurate; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation; (d) shall not be intentionally malicious or derogatory toward any Company; (e) shall not be harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or contain pornography or racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense; or (f) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
(e) TERMINATION AND LIMITATION OF ACCESS
Exent reserves the rights to terminate or limit your access to the Site and/or to the Service and/or to any part thereof and/or Content therein, for any reason or for no reason. In addition each of the Companies reserves the right to terminate or limit your access to certain Content and/or Applications or other services on the Site for any reason or for no reason. Further, any Applications, including any Games, that appear in the Site may be removed at any time and for any reason whatsoever, without having to give any notice or explanation and without any liability whatsoever toward you.
(f) GENERAL COMPLIANCE WITH LAWS
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of this Site and the Service and each of the Companies' Applications and/or any other products and services.
2. THE SOFTWARE
(a) LIMITED LICENSE
Subject to all the terms of this Agreement, Exent grants to you a limited, personal, non-exclusive, non-transferable non-sublicensable, non-assignable, revocable license, pursuant to the terms and conditions hereof, to install and use one copy of the Software on a single computer owned and controlled by you, solely in connection with your use of the Service.
(b) LICENSE RESTRICTIONS
The Software and any content thereof, is the proprietary product of Exent or its licensors and is protected by copyright laws and international copyright treaties, as well as other U.S. and international laws. You agree that You shall not (and will not permit any third party) to: (a) copy or permit others to copy all or any portion of the Software; (b) remove any product identification, copyright, trademark or other proprietary notice or disclaimer from the Software; (c) disclose, distribute or otherwise make available the Software to any other party; (d) rent, lease, loan, sublicense, sublicense, sell, assign or otherwise transfer the Software; (e) use a previous version or copy of the Software after you have received an upgraded version as a replacement of the prior version; (f) modify, adapt, translate or attempt to hack any communication initiated by the Software or to defeat or overcome any encryption and/or other technical protection methods implemented by Exent or its third party partners with respect to the Software and/or any data or file transmitted, processed or stored on or through the Software; or (g) reverse engineer, de-compile, disassemble, alter, duplicate, modify, make copies, create derivative works from, distribute or provide others with the Software in whole or part, or otherwise transmit the Software over a network; (h) through the use of any third party software application or otherwise, alter or modify the values stored by the Software in your computer's memory, on your computer's hard disk, or in your computer's registry, or, with the exception of completely uninstalling the Software, otherwise modify, alter or block the functioning of the Software; (i) use automated means, including scripts, batch files, emulators or any others means, to control the operation of the Software.
Furthermore, you agree not to use the Software to: (i) transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users; (v) transmit, access or communicate any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non- disclosure agreements); (vi) transmit, access or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (vii) transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (ix) interfere with or disrupt the Software; (x) intentionally or unintentionally violate any applicable local, state, national or international law, including any rules and regulations of any securities exchange, any rules, regulations, requirements, procedures or policies in force from time to time relating to the Software, and any export or re-export laws, rules and regulations; (xi) collect any information or communication about the users of the Software by monitoring, interdicting or intercepting any process of or communication initiated by the Software or by developing or using any software or any other process or method that engages or assists in engaging in any of the foregoing; (xii) "stalk" or otherwise harass another; (xiii) modify, delete or damage any information contained on the personal computer of any other user; (xiv) collect or store personal data or other information about other users; (xv) Intentionally make available "spoofed" files or data, or files or data with any type of information designed to misidentify the actual content of a file or which is intended to mislead the recipient of the file; (xvi) utilize the Software for any non-personal or commercial purpose or for the benefit of any third party or charge any person for the use or distribution of the Software; (xvii) remove any proprietary notices from the Software; or (xviii) Take any steps to interfere with or in any manner compromise any of Sharman's security measures with respect to the Software or any data or file transmitted, processed or stored on or through the Software.
In Addition, you may not use the Site and/or the Software to: (i) perform any activity which is or may be, directly or indirectly unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) perform any activity which will or may breach the rights of any third party; or (iii) engage in commercial activities including, but not limited to, offering for sale any products or services, soliciting for advertisers or sponsors or selling, licensing or granting public access to any Content or other information offered on the Site.
(c) USER DATA
You understand and agree that by submitting, uploading, transmitting or otherwise making available any files or data on or through the Software, you represent and warrant that you own or have the necessary licenses, rights, consents, and permissions, including all patent, trademark, trade secret, copyright or other proprietary rights, in and to any and all such files or data and are permitted to make such files or data available on or through the Software. You further understand and agree that Exent, directly or through a third party partner, may use any form of software or other technology to block or otherwise disable your ability to submit, upload, transmit, or otherwise make available any file or data, including, without limitation, any file or data that Exent or its third party partners know or have reason to believe that you do not have the right to so submit, upload, transmit or otherwise make available.
3. ADVERTISING
(a) The ADMUSE Software enables and supports the appearance of advertisements integrated within certain Applications you may use on the Service. After you install the ADMUSE Software, advertisements will appear while you use the Application according to predefined viewing requirements and frequency caps. From time to time, the ADMUSE Software will connect to external servers in order to report performance records such as the advertisements that were displayed, the impressions received, and which, if any, were clicked on. The ADMUSE Software does not report any personally identifiable information. Using this instrument, each of the Companies may collect data regarding the advertisements, how long you were exposed to them as part of the Application, what is your reaction towards the appearance of any advertisements and other related information. Each of the Companies may also use such information in combination with non-personally identifiable information about your usage transactions and interests from other online and offline sources, in order to provide advertisements about goods and services. In the course of serving advertisements, each of the Companies may place or recognize a unique "cookie" on your computer and, in some cases, collect data through the use of cookies.
(b) By installing the ADMUSE Software you fully agree that: (i) Exent and/or Companies have a the irrevocable, assignable right to display such advertisements on the Applications at their sole and absolute discretion without having to receive your authorization and without any compensation to you; (ii) the timing, frequency, placement and extent of advertising by each of the Companies are subject to change and shall be determined by each of the Companies, at its sole discretion. The frequency of these advertisements (which will be displayed on your screen) will vary; (iii) your correspondence or business dealings with any third party the products and/or services of which are promoted using the advertisements found on the Application ("Advertisers"), including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Advertiser and each of the Companies does not and shall not have any liability, responsibility in connection thereof and shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such Advertisers' advertisements on the Application; (iv) so long as you have not entirely deleted the Software and all Applications delivered from the Service, from your computer, not to take any action, including downloading other software, to disable or block the display of the advertisements enabled by the Software; (v) that the Software will collect the non-personally identifiable information described above and that the Companies may use such information for the purposes described in sections 3(a) above, including for research, royalty and targeting purposes.
Each of the Companies may work with third party advertising companies to serve and embed and integrate various advertisements ("ads") into any games and other Applications you may use, provided by any of the Companies. Each of the Companies may use information about your use of any application and/or exposure to any of the ads and/or use of any game, in combination with non-personally identifiable information about your usage transactions and interests from other online and offline sources, in order to provide advertisements about goods and services. In addition, each of the Companies may share web site usage information about visitors to their web sites and use of any game and/or other applications, with such Companies for purposes of managing and targeting advertisements and for market research analysis on web sites and any service provided therein. For these purposes, each of the Companies may note and have access to various information, including, without limitations, some of the pages you visit on the web sites, ads seen in any game and/or other applications, any progress you made in any game and/or other applications, etc. In the course of serving advertisements, each of the Companies may place or recognize a unique "cookie" on your computer and, in some cases, collect data through the use of cookies.
You agree and acknowledge that the Software may target ads based on non personally identifiable information (e.g., geographical location). You agree that the Software will collect the non-personally identifiable information pieces, including for research, royalty and targeting purposes.
4. CONTAMINATED DATA AND MALICIOUS APPLICATIONS
You hereby acknowledge and understand that by using the Internet and/or the Site and/or the Service (including by mere access) and/or the Software and/or the service provided by the Service Provider and/or any Application and/or Content, You may be exposed to contaminated files, computer viruses, eavesdropping, harassment, electronic trespassing, hacking and other harmful acts or consequences that might lead to unauthorized invasion of privacy, loss of data and other damages. Furthermore, by installing the client side of the Software on Your computer, You understand that: (i) certain system non-personally identifiable information, including statistical data, stored on Your computer will be made available and transmittable to other servers; (ii) other information available now or in the future on the Site and/or Service including links, services, messages advertisements, cookies and the like may be installed on Your computer and; (iii) each of the Companies may automatically transmit to and install on Your computer, software improvements, corrections, adaptations, conversions to more recent Software versions or any other changes to update the Software. You hereby waive and/or cause of action against Exent and and/or any of the Companies in respect of the aforesaid.
5. CHANGE OF LICENSE AND SOFTWARE UPDATE
(a) Any one of the Companies is permitted, at any time and for whatever reason, to limit, deny, create different priorities to different users, modify, or cancel some or all of the functionalities of the Service, the Site the Software and/or the Applications without prior notice.
(b) The Software is designed to check for the availability of Software updates to ensure that you enjoy the latest improvements of the Software. When the Software checks for the availability of Software update, anonymous information about the Software version and installed components are sent to our web server. The information is used to determine whether new free Software is available for download and is not associated with any personally identifiable information. Each of the Companies may elect in its sole discretion to condition your use of the Site, the Service, the Software and/or any Application on You accepting software improvements, corrections, adaptations, and conversions to more recent Software versions or any other changes to the Software or the Site.
6. SPECIAL NOTICE TO ALASKA RESIDENTS
Unfortunately, according to Alaska's SB 140 Act, users who reside in Alaska may not install the Software. Therefore, by downloading or installing the client side of the Software you declare and represent that your computer is not located in the state of Alaska. To the extent that it is recognized that your computer is located in the state of Alaska, Exent and/or the Service Provider will not enable you to download the client side of the Software.
7. TITLE AND OWNERSHIP
(c) The Content used and displayed on this Site, as well as the design and layout of this Site, are the property of the relevant Company or its licensors or its partners and are protected by copyright, trademark and other laws. In addition, each of the Companies and their licensors control certain rights in individual elements of the Content with this Site and/or in the selection, coordination, arrangement and enhancement of such Content. The Content may be displayed and printed solely for your personal, internal and non-commercial use. You may not reproduce, modify, retransmit, distribute, disseminate, circulate, publish, broadcast, perform or sell any such Content, whether in whole or in part, without the prior written permission of Company or the third party owner of such Content - except for downloadable games and software which are subject to the terms and conditions outlined in their individual End User License Agreements. Except for the foregoing express, limited license, neither Exent nor any of the Companies grant you any rights or licenses in respect of this Site, the Service, Applications, the Software, the Content or any other products and/or services used, displayed or otherwise made available on this Site. You also may not remove any copyright or other proprietary notices contained in any documents or other Content provided on this Site.
(d) The Software is licensed, not sold. You agree that the Software belongs to Exent, including without limitation all rights, title and interests in and to the Software and all copies thereof, all of which are proprietary and contain valuable trade secrets of Exent. You agree that you neither own nor hereby acquire any claim or right of ownership to the Software, any part thereof or to any intellectual property right embodied in the Software. Any and all modifications or enhancements to the Software by you or Exent remain the sole property of Exent. All applications and advertisements are the property of the applicable owner of such applications and advertisements and are protected by applicable copyright law. This Agreement gives you no rights to such applications or advertisements.
8. NO REPRESENTATIONS OR WARRANTIES
THE SITE, THE SERVICE, THE SOFTWARE, THE CONTENT AND THE APPLICATIONS ARE ALL PROVIDED "AS IS", AND ON "AS AVAILABLE" BASIS WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. EXENT AND/OR ANY OTHER COMPANY DOES NOT WARRANT THAT THE SITE, THE SERVICE, THE CONTENT AND/OR ANY OF THE FUNCTIONS CONTAINED IN THE SOFTWARE AND/OR ANY APPLICATION WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR THAT THE OPERATION OF THE SITE, THE SERVICE, THE SOFTWARE, THE CONTENT AND/OR ANY APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS AND/OR INTERRUPTIONS IN THEIR OPERATION WILL BE CORRECTED. YOU ASSUME THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SITE, THE SERVICE THE SOFTWARE, THE CONTENT AND THE APPLICATIONS. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR THE INTERRUPTION OF USE, LOSS OR CORRUPTION OF DATA STORED ON YOUR COMPUTER RESULTING FROM THE USE OF, OR INABILITY TO USE, THE SITE, THE SERVICE, THE SOFTWARE, THE CONTENT AND/OR ANY APPLICATION. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL EXENT, ITS EMPLOYEES, SUPPLIERS, DIRECTORS, LICENSORS, PARTNERS, AGENTS AND/OR SERVICE PROVIDERS BE LIABLE FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF (A) YOUR USE OF, OR INABILITY TO USE, THE SITE, THE SERVICE, THE CONTENT THE APPLICATIONS AND/OR THE SOFTWARE, (JOINTLY, "EXENT'S INSTRUMENTS"), (B) THE INTERRUPTION OF USE, LOSS OR CORRUPTION OF DATA STORED ON YOUR COMPUTER, (C) THE INTERRUPTION OR INABILITY TO USE YOUR COMPUTER, OR (D) ANY OTHER MATTER RELATING TO YOUR USE ANY OF EXENT'S INSTRUMENTS , INCLUDING BY WAY OF ILLUSTRATION AND NOT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, EVEN IF EXENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, IN SUCH STATES OR JURISDICTIONS, EXENT'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. THE FOREGOING DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. IN NO EVENT WILL EXENT'S ENTIRE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED $5.00
10. INDEMNIFICATION
YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND EACH OF THE COMPANIES AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, CO-BRANDERS OR OTHER PARTNERS, AND EMPLOYEES, AT YOUR EXPENSE, AGAINST ANY AND ALL THIRD PARTY CLAIMS OR DEMANDS, ACTIONS, PROCEEDINGS AND SUITS AND ALL RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY'S FEES AND OTHER DISPUTE RESOLUTION EXPENSES) INCURRED BY ANY OF THE COMPANIES, DUE TO OR ARISING OUT OF DATA YOU SUBMIT, POST TO, TRANSMIT OR COMMUNICATE THROUGH ANY OF EXENT'S INSTRUMENTS, YOUR USE OR MISUSE OF ANY OF EXENT'S INSTRUMENTS, YOUR CONNECTION TO OTHER USERS, YOUR VIOLATION OF THIS AGREEMENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY.
11. EXPORT CONTROL
The Software is controlled by certain export laws and regulations. The Software may not be exported or re-exported to any country or person to which the United States prohibits the export of goods, technology or services. By downloading the Software, you are (a) representing that you are not a national of any country to which the United States prohibits the export or re-export of goods, services or technology; and (b) agreeing to fully comply with all the export and re-export restrictions, laws and regulations of any such authority (iii) You will not transfer, or authorize the transfer, of the Software to a prohibited country or otherwise in violation of any such restriction or regulations.
12. TERMS AND TERMINATION
The license for the Software shall be effective from the date you download the Software until the date of termination. This Agreement will automatically terminate (i) if you fail to comply with any term hereof; (ii) by Exent and/or by any service Provider, for any reason; (iii) Upon termination of the Service. No notice shall be required to effect such termination. Upon such termination you shall immediately discontinue use of the Software. Your obligation to pay charges and fees shall survive any termination of this Agreement.
13. PRIVACY POLICY
Please refer to Annex A to this Agreement.
14. INTERNET PROTOCOL ADDRESS
An Internet Protocol ("IP") address is a set of numbers that is automatically assigned to your computer each time you connect to the Internet. When you use your web browser to request a web page from another computer on the Internet or when you use the Software and/or the Applications the Software has rights to advertise in, your web browser and/or the Software automatically gives that computer your IP address so that the data you request can be sent to your computer. For many users who access the Internet from a dial-up Internet service provider (ISP), the IP address will be different every time they log on ("dynamic" IP addresses); others may be assigned only one IP address that remains the same from session to session ("static" IP addresses) (more common with broadband ISPs).
15. MISCELLANEOUS
(a) This Agreement shall be governed by the laws of the state of New York.
(b) This is the complete and exclusive agreement between you and Exent with respect to the subject matter of this agreement, and it supersedes any agreement, oral or written, and any other communication between you and Exent relating to the subject matter of this agreement.
|