End user agreement for Billeo
Billeo Toolbar Software End User License Agreement
Thank you for downloading the Billeo Toolbar software. By using this software, including any third party software made available by Billeo in conjunction with this software, (referred to together herein as the "Licensed Software") you agree to be bound by the following terms and conditions.
License for Personal Use Only
Billeo grants you the limited non-exclusive right and license to use the Licensed Software on any computer, but only for your own personal, non-commercial, use and under the terms and conditions contained of this End User License Agreement. You may not provide copies of the Licensed Software to others, and you may not assign, sublicense, rent, sell or otherwise transfer the Licensed Software to others. You may not use the Licensed Software to provide services to any third person. Furthermore, you may not use the Licensed Software in any manner that could damage, disable, overburden, or impair Billeo's Web-based services (e.g., you may not use the Licensed Software in an automated manner), nor may you use the Licensed Software in any manner that could interfere with any other party's use and enjoyment of Billeo's Web-based services.
If you have comments on the Licensed Software or ideas on how to improve it, please email them to email@example.com. Please note that by doing so, you grant Billeo and third parties permission to publish your comments and to incorporate your ideas into the Licensed Software (or third party software) without compensation or the grant of any rights to you.
You acknowledge that Billeo or third parties own all rights, title and interest in and to the Licensed Software, portions thereof, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree not to modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Licensed Software. You also agree to not remove, obscure, or alter Billeo's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Licensed Software.
Disclaimer of Warranties
Billeo and any third party who makes its software available in conjunction with or through the Licensed Software disclaim any responsibility for any harm resulting from your use of the Licensed Software.
THE LICENSED SOFTWARE IS PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. BILLEO AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM 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. BILLEO AND ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH BILLEO, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE LICENSED SOFTWARE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE LICENSED 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 OR USE OF THE LICENSED SOFTWARE. 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.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL BILLEO OR ANY THIRD PARTY WHO MAKES ITS SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH BILLEO BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF THE LICENSED SOFTWARE. FOR EXAMPLE, BILLEO SHALL HAVE NO LIABILITY FOR ANY LATES FEES OR OTHER DAMAGES A USER MAY INCUR AS THE RESULT OF BILL REMINDER FAILURES OR BILL PAYMENTS THAT ARE NOT CREDITED TO THIRD PARTY ACCOUNTS. THIS 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 BILLEO AND/OR A THIRD PARTY SOFTWARE PROVIDER HAVE 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 LICENSED SOFTWARE, FROM INABILITY TO USE THE LICENSED SOFTWARE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE LICENSED 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.
Billeo's Web-based Service
This End User License Agreement is be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws provisions of California or your state or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of this End User License Agreement to be unenforceable, the remainder of the agreement will continue in full force and effect.
This End User License Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this End User License Agreement will be effective only if in writing and signed by Billeo.
BY CLICKING "I Agree," YOU ARE STATING THAT YOU ARE OF LEGAL AGE AND HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THIS END USER LICENSE AGREEMENT.