End user agreement for CO2 Saver
END-USER LICENSE AGREEMENT
Snap Technologies, Inc. ("Licensor") is willing to license the software accompanying this license (the "Software") to you only on the condition that accept all of the terms in this license (the "License") and indicate your acceptance below. By accepting below, you acknowledge that you have read this License, understand it, and agree to be bound by its terms and conditions. If you do not agree to these terms, you may not install or use the Software.
1. Grant of License. The Software and related documentation is licensed to you by Licensor, and its use is subject to this License. Licensor grants to you a limited, personal, non-exclusive, non-assignable, terminable right to use the Software solely for non-commercial purposes and as described in the Software documentation. You may install and personally use the Software in object code form on a personal computer owned or controlled by you. Your license to the Software under this License continues until it is terminated by either party. Licensor reserves all rights not expressly granted to you by this License. You understand and agree that installing the Software may involve reconfiguring and/or adding certain functions to your web browser and/or operation system software. Certain function of the Software may involve automatically execution when you start your computer, and may remain in your computer's memory while your computer is operating. Certain functions of the Software, including such resident functions, may not be user-configurable, provided that you may always uninstall the Software and disable all such features.
2. Restrictions. You may not: (i) delete the copyright notices or any other proprietary legends on or in the Software; (ii) decompile, modify, reverse engineer, disassemble or otherwise reproduce the Software, or create derivative works based on the Software; (iii) copy, rent, lend, lease, sublicense, distribute, assign, or commercially exploit the Software; or (iv) use the Software in any manner that could damage, disable, overburden, or impair Licensor's or any other party's search services, servers, or other equipment or services.
3. Ownership. Licensor and/or its third party licensors own the title, copyright, and other intellectual property rights in the Software. You agree to abide by all applicable proprietary rights laws and other laws, as well as any additional copyright notices or restrictions contained in this License. This License grants you no right, title, or interest in any intellectual property owned or licensed by Licensor, including the Software, Licensor names, logos, and trademarks, and third party materials.
4. Third Party Information and Services. The Software may be used to access certain third party websites, software, applications, and other materials (collectively, "Third Party Materials"). Licensor does not provide any representations or warranties regarding the availability, accuracy, quality, fitness for any purpose, or content of any Third Party Materials and/or the handling and use of your submitted information by such Third Party Materials. The above disclaimer shall apply even in the event that Licensor has partnered with third party content providers (e.g., websites, search engines, applications, commercial vendors, etc.) to allow the Software to access Third Party Materials.
5. Termination. This License is effective until terminated. You may terminate this License at any time by uninstalling, removing, and deleting all copies and installations of the Software. This License will terminate immediately without notice from Licensor if you fail to comply with any provision of this License. Licensor may terminate this License at any time by notice and/or via automatic update of the Software. Upon termination, you must uninstall, remove, and delete the Software.
7. Support and Software Updates. Licensor may elect to update the Software from time to time in its sole discretion. Licensor may also elect to discontinue, disable, remove, or otherwise terminate your use of the Software, including via automatic update. Licensor may change, suspend, or discontinue any aspect of the Software at any time, including the availability of the Software or any feature therein. Licensor may also impose limits on certain features and services or restrict your access to parts or all of the Software without notice or liability. You may not block, limit, or otherwise refuse any such automatic update, even if such update limits, reduces, or removes some or all of the existing functionality of the Software.
8. DISCLAIMER OF WARRANTY ON SOFTWARE. LICENSOR DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. LICENSOR EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. LICENSOR DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, INSTALL, AND/OR USE THE SOFTWARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, INSTALLATION, OR USE OF THE SOFTWARE (INCLUDING DAMAGES TO YOUR WEB BROWSING OR OPERATING SYSTEM SOFTWARE). THE SOFTWARE IS NOT DESIGNED, INTENDED, OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING WITHOUT LIMITATION, THE DESIGN, CONSTRUCTION, MAINTENANCE OR OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, AND LIFE SUPPORT OR WEAPONS SYSTEMS. LICENSOR SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL LICENSOR BE LIABLE TO YOU ON ACCOUNT OF YOUR USE OR MISUSE OF THE SOFTWARE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE, FROM INABILITY TO USE THE SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
10. Export Control. You may not use, acquire, ship, transport, export, or re-export the Software, except as authorized by Licensor and as permitted by applicable law. The Software may not be acquired, shipped, transported, exported, or re-exported (i) into any U.S. embargoed country, (ii) to a national or resident of any U.S. embargoed country, or (iii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
11. Government End Users. If the Software is supplied to or used by the United States Government, then the Software is deemed to be "commercial software" as that term is used in the Federal Acquisition Regulation system. Rights of the United States shall not exceed the minimum rights set forth in FAR 52.227-19 for "restricted computer software". All other terms and conditions of this License apply.
12. Indemnification. You agree to indemnify and hold Licensor and its affiliates and each of their employees, contractors, agents, officers, and directors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party in connection with or arising out of your use of the Software, your violation of any terms or conditions of this License, your violation of applicable laws, or your violation of the rights of any other person or entity.
13. Choice of Law and Venue. This license shall be governed by and construed in accordance with the laws of the state of California, exclusive of its choice of law or conflicts of law rules. The exclusive venue for all litigation regarding or arising out of this license shall be in Los Angeles County, California and you agree to submit to the jurisdiction of the courts in Los Angeles County, California for such litigation. The United Nations Convention on the International Sale of Goods does not apply to this License.
14. Miscellaneous. Licensor may assign this Agreement, and all right, obligations, and liabilities hereunder, to any affiliated or third party in its sole discretion. Nothing herein shall be deemed to supersede or derogate from Licensor's remedies at law for any violation of this License or applicable law. If any provision of this License is unenforceable, the rest of it shall remain in effect. This License constitutes the entire agreement between you and Licensor with respect to the use of the Software and supersedes all prior or contemporaneous oral or written communications and representations with respect to the Software or any other subject matter covered by this License.