IMPORTANT-READ CAREFULLY: YOU AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY INSTALLING, COPYING, OR OTHERWISE USING THE PRODUCT. IF YOU DO NOT AGREE, TO THIS EULA, DO NOT USE THE PROVIDER SERVICE OR COPY THE SOFTWARE. INSTEAD, PROMPTLY CONTACT PROVIDER FOR INSTRUCTIONS ON CANCELLING SERVICE. ANY USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO USE OF THE PROVIDER SERVICE, WILL CONSTITUTE YOUR AGREEMENT TO THIS EULA.
This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) herein referred to as ‘USER’ or ‘YOU’ and Web Conferencing Services provider herein referred to as ‘PROVIDER’ who have shared required access rights for use of the Web Conferencing portal and all associated services (‘Product’).
The Web Conferencing Portal service includes software licensed by PROVIDER from one or more software licensors (“PROVIDER’S Software Suppliers”). Such software products, as well as associated media, printed materials, and “online” or electronic documentation (“Software”) are protected by international intellectual property laws and treaties. The Software is licensed, not sold. All rights reserved.
GRANT OF LICENSE USE. PROVIDER grants USER the following rights provided that USER comply with all terms and conditions of this EULA:
1. RESTRICTED FUNCTIONALITY. USER is licensed to use the Software to provide only the limited functionality of interactive data collaboration for which the PROVIDER Service has been designed and marketed by PROVIDER. This license specifically prohibits any other use of the software programs or functions, or inclusion of additional software programs or functions that do not directly support the limited functionality on the PROVIDER Service.
2. RESERVATION OF RIGHTS. PROVIDER reserves all rights not expressly granted to you in this EULA.
3. ADDITIONAL SOFTWARE/SERVICES. This EULA applies to updates, supplements, add-on components, or Internet-based services components, of the Product that PROVIDER may provide to you or make available to you after the date you obtain your initial copy of the Product, unless we provide other terms along with the update, supplement, add-on component, or Internet-based services component. PROVIDER reserves the right to discontinue any Internet-based services provided to you or made available to you through the use of the Product.
4. NO RENTAL. You may not rent, lease, lend or provide commercial hosting services to third parties with the Product.
5. LIMITATION ON REVERSE ENGINEERING, DECOMPILATION, AND DISASSEMBLY. You may not reverse engineer, decompile, or disassemble the Product, except and only to the extent that it is expressly permitted by applicable law notwithstanding this limitation.
6. TERMINATION. Without prejudice to any other rights, PROVIDER may cancel this EULA if you do not abide by the terms and conditions of this EULA, in which case you must destroy all copies of the Product and all of its component parts.
7. CONSENT TO USE OF DATA AND PRIVACY. You agree that PROVIDER and its affiliates may collect and use technical information gathered in any manner as part of the product support services provided to you, if any, related to the Product. PROVIDER may use this information solely to improve our products or to provide customized services or technologies to you. PROVIDER may disclose this information to others, but not in a form that personally identifies you.
8. INTERNET-BASED SERVICES COMPONENTS. The Product contains components that enable and facilitate the use of certain Internet-based services. You acknowledge and agree that PROVIDER may automatically check the version of the Product and/or its components that USER is utilizing and may provide upgrades or fixes to the Product that will be automatically downloaded and or installed.
9. NOT FOR RESALE SOFTWARE. The Product is identified as “Not for Resale” or “NFR,” may not be resold, transferred or used for any purpose other than demonstration, test or evaluation.
10. EXPORT RESTRICTIONS. You acknowledge that the Product is of U.S. origin and subject to U.S. export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Product, including the U.S. Export Administration Regulations, as well as end-user, end-use, and destination restrictions issued by U.S. and other governments.
11. DISCLAIMER OF WARRANTIES. PROVIDER and its suppliers provide the Product and support services (if any) AS IS AND WITH ALL FAULTS, and hereby disclaim all other warranties and conditions, either express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of merchantability, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence, all with regard to the Product, and the provision of or failure to provide support or other services, information, software, and related content through the Product or otherwise arising out of the use of the Product. ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, AND CORRESPONDENCE TO DESCRIPTION OR NON-INFRINGEMENT WITH REGARD TO THE PRODUCT.
12. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROVIDER OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE PRODUCT OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCT, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS EULA, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF PROVIDER OR ANY SUPPLIER, AND EVEN IF PROVIDER OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13. LINKS TO THIRD PARTY SITES. You may link to third party sites through the use of the Product. The third party sites are not under the control of PROVIDER, and PROVIDER is not responsible for the contents of any third party sites, any links contained in third party sites, or any changes or updates to third party sites. PROVIDER is not responsible for webcasting or any other form of transmission received from any third party sites. PROVIDER is providing these links to third party sites to you only as a convenience, and the inclusion of any link does not imply an endorsement by PROVIDER of the third party site.
14. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of PROVIDER and any of its suppliers under any provision of this EULA and your exclusive remedy for all of the foregoing (except for any remedy of repair or replacement elected by PROVIDER with respect to any breach of the Limited Warranty) shall be limited to the greater of the amount actually paid by USER for the Product or U.S.$0.00. The foregoing limitations, exclusions and disclaimers (including Sections 11,and 12 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
15. U.S. GOVERNMENT LICENSE RIGHTS. All Product provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Product provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with “Restricted Rights” as provided for in FAR, 48 CFR 52.227-14 (JUNE 1987) or DFAR, 48 CFR 252.227-7013 (OCT 1988), as applicable.
16. APPLICABLE LAW. If you acquired this Product in the United States, this EULA is governed by the laws of the State of California.
17. ENTIRE AGREEMENT. This EULA (including any addendum or amendment to this EULA which is included with the Product) are the entire agreement between you and PROVIDER relating to the Product and the support services (if any) and they supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the Product or any other subject matter covered by this EULA. To the extent the terms of any PROVIDER policies or programs for support services conflict with the terms of this EULA, the terms of this EULA shall control. The Product is protected by copyright and other intellectual property laws and treaties. PROVIDER or its suppliers own the title, copyright, and other intellectual property rights in the Product. The Product is licensed, not sold.