[vc_row][vc_column width=”1/6″][/vc_column][vc_column width=”2/3″]
END-USER LICENSE AGREEMENT VERSION 1.0 FOR USE OF M10 SERVICE BOT PLATFORM SOFTWARE – 2020-01-21
IMPORTANT–READ CAREFULLY: This End-User License Agreement (“”Agreement””) is a legal contract between you (either an individual or a single business entity (“you” or “You”)) and MOMENSITY LLC. (“Vendor”) for the Vendor software product identified above, which includes access to and use of MOMENSITY software and, as applicable, associated media, and online or electronic documentation (the “”Software Application””).
BY CLICKING THE “ACCEPT TERMS” ICON, OR BY INSTALLING, OR OTHERWISE USING THE SOFTWARE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY AND TERMINATION PROVISIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT INSTALL OR USE THE SOFTWARE APPLICATION, AND EXIT NOW.
Following acceptance of this Agreement, in exchange for valuable consideration as set forth in this Agreement or otherwise Vendor grants you a royalty-free, terminable at will, license to use the Software Application for your own personal, individual or business use as set forth in this Agreement. This license is valid only for the length of time for which you have paid all applicable fees and conformed to all the terms and conditions of this Agreement (the “Term”).
You may not rent, lease or lend the Software Application. Unless otherwise specifically agreed to by you and Vendor, your use of the Software Application is limited to only you as an individual or to one person within your company.
You may not copy, reverse engineer, decompile, or disassemble the Software Application or the Documentation, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
You shall not export or otherwise transfer the Software Application without the express written permission of the Vendor.
Vendor may provide you with support services related to the Software Application (“”Support Services””). Use of Support Services is governed by Vendor policies and programs described in online documentation, and/or in other Vendor-provided materials (“Documentation”). The Documentation is included by reference and made a part of this Agreement. Any supplemental software code provided to you as part of the Support Services shall be considered part of the Software Application and subject to the terms and conditions of this Agreement. With respect to any information you provide to Vendor as part of the use of the Software Application, including any and all information or data submitted by you for use with the Software Application, Vendor may use such information for its business purposes, including for product support and development.
Without prejudice to any other rights, Vendor may terminate this Agreement immediately without prior or written notice if you fail to comply with the terms and conditions of this Agreement or if you violate any of Vendor’s policies. In such event, you must cease all use of the Software Application and all of its component parts, and Vendor may suspend or deactivate your use of the Software Application with or without notice. Vendor may be entitled to other relief as afforded by law to enforce the provisions of this Agreement and/or Vendor’s intellectual property rights. Such relief may include, but not be limited to, injunction(s) or other mandatory relief.
Vendor reserves the right to substitute new or revised versions of the Software Application or alter or amend the terms and conditions of your use, including termination of this Agreement by posting such alteration or amendment at http://www.momensity.com or otherwise notifying you.
This Agreement shall be governed by the laws of the Commonwealth of Virginia without taking into consideration conflict of law provisions, and any claims or controversies arising under this Agreement or concerning the provision of anything under this Agreement must be brought before state or federal courts having jurisdiction in Fairfax County, Virginia. You shall conform to all applicable law, regulation, export regulation, intellectual property right, trade secret, right of privacy, or contractual right (“Law”) in your use of the Software Application.
Copyright. The Software Application and all other intellectual property rights therein are owned by Vendor or its suppliers. The Software Application is protected by copyright laws and international treaty provisions. Therefore, you must treat the Software Application like any other copyrighted material, subject to the provisions of this Agreement.
DISCLAIMER OF WARRANTY, LIMITATION OF LIABILITY AND INDEMNITY
THIS SOFTWARE AND THE ACCOMPANYING FILES ARE PROVIDED “”AS IS.”” VENDOR AND ITS SUPPLIERS DO NOT AND CANNOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE SOFTWARE OR SUCH FILES. VENDOR AND ITS SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO TITLE OR INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
THE USER ASSUMES THE ENTIRE RISK OF USING THE SOFTWARE APPLICATION, INCLUDING ANY DAMAGE TO PERSONAL OR INTANGIBLE PROPERTY. VENDOR DOES NOT GUARANTEE OR WARRANT THE RESULTS OF ANY USE OF THE SOFTWARE APPLICATION. YOU UNDERSTAND AND AGREE THAT NO SOFTWARE IS ERROR FREE. VENDOR HAS NO LIABILITY FOR ANY DEFECTS IN THE SOFTWARE APPLICATION OR FOR ANY RESULTS OBTAINED OR NOT OBTAINED THROUGH USE OF THE SOFTWARE APPLICATION. IN NO EVENT WILL VENDOR OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, EVEN IF A VENDOR REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, VENDOR SHALL HAVE NO RESPONSIBILITY FOR ANY CLAIM BY YOU OR ANY THIRD PARTY WHETHER ARISING IN TORT, DUE TO ALLEGED BREACH OF CONTRACT OR OTHERWISE.
Authored on 2020-01-23 09:43:11 -0500
YOU SHALL PROTECT, DEFEND, HOLD HARMLESS AND INDEMNIFY MOMENSITY LLC (AND ITS PARTNERS AND AFFILIATES) FROM ANY AND ALL CLAIMS ARISING FROM YOUR BREACH OF ANY PROVISIONS OF THIS AGREEMENT OR FROM YOUR USE OF THE SOFTWARE APPLICATION.