End User License Agreement
This End User License Agreement (“Agreement”) sets forth the terms and conditions under which AIAIO Inc., a Delaware corporation with its principal place of business in California (the “Licensor”), grants you, the end user, a license to use its Aio mobile application (the “Software”).
THIS AGREEMENT INCLUDES A LIMITED WARRANTY PROVISION, A LIMITATION OF LIABILITY PROVISION, AND AN INDEMNIFICATION PROVISION. PLEASE READ EACH PROVISION CAREFULLY, AS EACH AFFECTS YOUR LEGAL RIGHTS.
BY CLICKING TO PROVIDE YOUR ELECTRONIC SIGNATURE BELOW, YOU AGREE THAT YOU HAVE READ, YOU UNDERSTAND, AND YOU AGREE TO BE BOUND BY THIS AGREEMENT. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE READ AT https://heyaio.com. THE LICENSOR RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME AND WITHOUT NOTICE TO YOU UNTIL AFTER SUCH CHANGE, UNLESS OTHERWISE REQUIRED BY LAW.
License Grant. The Licensor hereby grants you a non-exclusive, non-assignable, non-transferable, limited license to use the Software, solely for its intended purpose as a mobile application for individuals’ personal use for video creation, according to the provisions contained herein and subject to payment of applicable license fees, if any. You are not permitted to lease, rent, distribute, sell, or sublicense the Software or any rights therein. Also, may not install the Software on a network server, use the Software in a time-sharing arrangement, or use the Software in any other unauthorized manner without the Licensor’s prior written consent. The Licensor does not grant you any rights in any of its patents, copyrights, trade secrets, trademarks, data, code, processes, functionality, or any other intellectual property. This Agreement does not entitle you to receive any upgrades to or newer versions of the Software, which the Licensor may provide at its sole discretion.
No Copies. You acknowledge and agree that you have no right, power, or authority to make any modifications to or unauthorized copies of the Software. You may maintain only one copy of the Software on each device on which the Software is installed. Otherwise, the Software may be copied only as essential for backup or archive purposes.
No Assignment or Transfer. You agree that you shall not assign or transfer the Software or any of your rights under this Agreement to any other party without the Licensor’s prior written consent.
No Modification or Reverse-Engineering. You agree that you shall not modify, translate, reverse-engineer, replicate, recreate, decompile, disassemble, or create derivative works of the Software, that you shall not create any mobile application competitive with the Software, and that you shall not assist any other party in performing such prohibited acts.
Compliance with Applicable Laws. You shall be responsible for compliance with all applicable laws, regulations, rules, and legal requirements. You agree not to import or export the Software in violation of any applicable laws or regulations of the United States or the country to which you have imported or exported the Software. You agree to indemnify, defend, and hold harmless the Licensor from and against all liabilities, losses, costs, damages, and expenses if you violate, or cause the Licensor to violate, any such laws or regulations.
Title. You acknowledge and agree that the Licensor owns and holds, and shall own and hold in perpetuity, all rights in, title to, and interests in the Software, all copies thereof, and all corrections, enhancements, or other modifications thereto, regardless of the form or media. The Software is protected by copyright laws, by other intellectual property laws, and by international treaties. The Licensor reserves for itself all rights not expressly granted to you under this Agreement.
Term and Termination. Your license to use the Software shall be perpetual from the time that you first install or use the Software—unless the license is terminated earlier. You may terminate this license at any time by (i) deleting from your devices all instances of the Software and all copies and merged portions thereof, and (ii) certifying to the Licensor, in writing, that you have done so. Your license to use the Software shall terminate immediately if you fail to comply with any term or condition of this Agreement. Upon such termination, you shall immediately (i) stop all use of the Software, (ii) delete from your devices all instances of the Software and all copies and merged portions thereof, and (iii) certify to the Licensor, in writing, that you have done so. You agree that you shall not be entitled to a refund of any applicable license fee upon early termination of this Agreement.
Governing Law; Venue. This Agreement and any dispute related to or arising out of this Agreement, is governed by the laws of the State of California, without regard to any conflict of law principles. Any lawsuit related to or arising out this Agreement shall be brought exclusively in a state or federal court located in Orange County, California, and you hereby consent to the jurisdiction of such courts.
Limited Warranty. The Licensor warrants that for a period of thirty (30) days from the date of installation, the Software, if used as directed, will substantially achieve its intended functionality. The Licensor does not warrant, however, that your use of the Software will be uninterrupted or error-free.
The Licensor’s sole responsibility in the event of any breach of this warranty shall be, in the Licensor’s sole discretion, either: (i) to repair, replace, or update defective Software; (ii) to advise you how to use the Software to substantially achieve its intended functionality; or (iii) to refund the license fee, if any, that you paid for the Software. Repaired, replaced, or updated Software shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software.
The Licensor shall be obligated to honor this warranty only if you notify the Licensor, during the warranty period, of your invoking the warranty, and only if you provide the Licensor clear evidence of the date you obtained a license to use the Software. The Licensor shall use reasonable commercial efforts to repair, replace, or update the Software, advise you how to use the Software to substantially achieve its intended functionality, or refund the license fee, if any, that you paid for the Software within sixty (60) days of your notifying the Licensor.
If you make any modifications to the Software during the warranty period, if you subject the Software to accident, abuse, or improper use, or if you violate the terms of this Agreement, then this warranty shall immediately terminate and be rendered void. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified versions of hardware and software with which the Licensor designed the Software to be used.
YOU ACKNOWLEDGE AND AGREE THAT THIS IS A LIMITED WARRANTY, AND THE WARRANTY SET FORTH IN THIS AGREEMENT IS THE ONLY WARRANTY MADE BY THE LICENSOR. THE LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS. TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD OR THE MINIMUM STATUTORY PERIOD, WHICHEVER IS LONGER. MOREOVER, IN NO EVENT SHALL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE, NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO AGENT OR EMPLOYEE OF THE LICENSOR IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY. THE ENTIRE RISK ARISING OUT OF YOUR USE OR THE PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL THE LICENSOR, OR ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES, AND PROVIDERS OF WEB HOSTING OR RELATED SERVICES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTIONS, WORK STOPPAGE, DEVICE FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE SOFTWARE (WHETHER OR NOT DUE TO ANY DEFECTS THEREOF). YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY DAMAGES, EVEN IF LICENSOR WERE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE REASONABLY FORESEEABLE. IN NO EVENT SHALL THE LICENSOR’S LIABILITY EXCEED THE LICENSE FEE, IF ANY, THAT YOU PAID FOR THE SOFTWARE. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM LICENSOR’S GROSS NEGLIGENCE, RECKLESSNESS, OR INTENTIONAL MISCONDUCT, BUT ONLY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS THE LIMITATION OF SUCH LIABILITY.
Indemnification. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE LICENSOR, AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES, AND PROVIDERS OF WEB HOSTING OR RELATED SERVICES, FROM AND AGAINST ALL LIABILITIES, LOSSES, COSTS, DAMAGES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATED TO OR ARISING OUT OF YOUR USE, REPRODUCTION, OR DISTRIBUTION OF THE SOFTWARE, OR YOUR BREACH OF ANY REPRESENTATION, WARRANTY, OR OBLIGATION UNDER THIS AGREEMENT.
Survival. The Provisions of Sections 2, 3, 4, 5, 6, 8, 9, 10, and 11 of this Agreement shall survive any termination or cancellation of this Agreement.
Severability. If any provision of this Agreement is found to be invalid, all other provisions will remain in full force and effect.
Entire Agreement. You acknowledge and agree that this Agreement constitutes your entire agreement with the Licensor concerning the Licensor’s granting you a license to use the Software, and this Agreement supersedes any proposals, prior agreements, oral or written, and all other communications between you and the Licensor or from the Licensor to the public related to the subject matter of this Agreement. This Agreement may be modified only by a written agreement signed by both you and an authorized representative of the Licensor.
Force Majeure. The Licensor shall not be liable under this Agreement for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is the result of causes beyond its control, including, but not limited to, labor disputes, civil commotion, war, fire, flood, inclement weather, and governmental orders. In that event, the Licensor shall be excused from its obligations for the period of the delay and for a reasonable time thereafter.
Waiver. The failure of the Licensor to exercise or enforce any right under or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Licensor must be in writing and signed by an authorized representative of the Licensor.
“I have read the End User License Agreement, above, and I acknowledge, understand, and agree to its terms.” [Click here to provide your electronic signature]
End User License Agreement
This End User License Agreement (“Agreement”) sets forth the terms and conditions under which AIAIO Inc., a Delaware corporation with its principal place of business in California (the “Licensor”), grants you, the end user, a license to use its Aio mobile application (the “Software”).
THIS AGREEMENT INCLUDES A LIMITED WARRANTY PROVISION, A LIMITATION OF LIABILITY PROVISION, AND AN INDEMNIFICATION PROVISION. PLEASE READ EACH PROVISION CAREFULLY, AS EACH AFFECTS YOUR LEGAL RIGHTS.
BY CLICKING TO PROVIDE YOUR ELECTRONIC SIGNATURE BELOW, YOU AGREE THAT YOU HAVE READ, YOU UNDERSTAND, AND YOU AGREE TO BE BOUND BY THIS AGREEMENT. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE READ AT https://heyaio.com. THE LICENSOR RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME AND WITHOUT NOTICE TO YOU UNTIL AFTER SUCH CHANGE, UNLESS OTHERWISE REQUIRED BY LAW.
License Grant. The Licensor hereby grants you a non-exclusive, non-assignable, non-transferable, limited license to use the Software, solely for its intended purpose as a mobile application for individuals’ personal use for video creation, according to the provisions contained herein and subject to payment of applicable license fees, if any. You are not permitted to lease, rent, distribute, sell, or sublicense the Software or any rights therein. Also, may not install the Software on a network server, use the Software in a time-sharing arrangement, or use the Software in any other unauthorized manner without the Licensor’s prior written consent. The Licensor does not grant you any rights in any of its patents, copyrights, trade secrets, trademarks, data, code, processes, functionality, or any other intellectual property. This Agreement does not entitle you to receive any upgrades to or newer versions of the Software, which the Licensor may provide at its sole discretion.
No Copies. You acknowledge and agree that you have no right, power, or authority to make any modifications to or unauthorized copies of the Software. You may maintain only one copy of the Software on each device on which the Software is installed. Otherwise, the Software may be copied only as essential for backup or archive purposes.
No Assignment or Transfer. You agree that you shall not assign or transfer the Software or any of your rights under this Agreement to any other party without the Licensor’s prior written consent.
No Modification or Reverse-Engineering. You agree that you shall not modify, translate, reverse-engineer, replicate, recreate, decompile, disassemble, or create derivative works of the Software, that you shall not create any mobile application competitive with the Software, and that you shall not assist any other party in performing such prohibited acts.
Compliance with Applicable Laws. You shall be responsible for compliance with all applicable laws, regulations, rules, and legal requirements. You agree not to import or export the Software in violation of any applicable laws or regulations of the United States or the country to which you have imported or exported the Software. You agree to indemnify, defend, and hold harmless the Licensor from and against all liabilities, losses, costs, damages, and expenses if you violate, or cause the Licensor to violate, any such laws or regulations.
Title. You acknowledge and agree that the Licensor owns and holds, and shall own and hold in perpetuity, all rights in, title to, and interests in the Software, all copies thereof, and all corrections, enhancements, or other modifications thereto, regardless of the form or media. The Software is protected by copyright laws, by other intellectual property laws, and by international treaties. The Licensor reserves for itself all rights not expressly granted to you under this Agreement.
Term and Termination. Your license to use the Software shall be perpetual from the time that you first install or use the Software—unless the license is terminated earlier. You may terminate this license at any time by (i) deleting from your devices all instances of the Software and all copies and merged portions thereof, and (ii) certifying to the Licensor, in writing, that you have done so. Your license to use the Software shall terminate immediately if you fail to comply with any term or condition of this Agreement. Upon such termination, you shall immediately (i) stop all use of the Software, (ii) delete from your devices all instances of the Software and all copies and merged portions thereof, and (iii) certify to the Licensor, in writing, that you have done so. You agree that you shall not be entitled to a refund of any applicable license fee upon early termination of this Agreement.
Governing Law; Venue. This Agreement and any dispute related to or arising out of this Agreement, is governed by the laws of the State of California, without regard to any conflict of law principles. Any lawsuit related to or arising out this Agreement shall be brought exclusively in a state or federal court located in Orange County, California, and you hereby consent to the jurisdiction of such courts.
Limited Warranty. The Licensor warrants that for a period of thirty (30) days from the date of installation, the Software, if used as directed, will substantially achieve its intended functionality. The Licensor does not warrant, however, that your use of the Software will be uninterrupted or error-free.
The Licensor’s sole responsibility in the event of any breach of this warranty shall be, in the Licensor’s sole discretion, either: (i) to repair, replace, or update defective Software; (ii) to advise you how to use the Software to substantially achieve its intended functionality; or (iii) to refund the license fee, if any, that you paid for the Software. Repaired, replaced, or updated Software shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software.
The Licensor shall be obligated to honor this warranty only if you notify the Licensor, during the warranty period, of your invoking the warranty, and only if you provide the Licensor clear evidence of the date you obtained a license to use the Software. The Licensor shall use reasonable commercial efforts to repair, replace, or update the Software, advise you how to use the Software to substantially achieve its intended functionality, or refund the license fee, if any, that you paid for the Software within sixty (60) days of your notifying the Licensor.
If you make any modifications to the Software during the warranty period, if you subject the Software to accident, abuse, or improper use, or if you violate the terms of this Agreement, then this warranty shall immediately terminate and be rendered void. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified versions of hardware and software with which the Licensor designed the Software to be used.
YOU ACKNOWLEDGE AND AGREE THAT THIS IS A LIMITED WARRANTY, AND THE WARRANTY SET FORTH IN THIS AGREEMENT IS THE ONLY WARRANTY MADE BY THE LICENSOR. THE LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS. TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD OR THE MINIMUM STATUTORY PERIOD, WHICHEVER IS LONGER. MOREOVER, IN NO EVENT SHALL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE, NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO AGENT OR EMPLOYEE OF THE LICENSOR IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY. THE ENTIRE RISK ARISING OUT OF YOUR USE OR THE PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL THE LICENSOR, OR ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES, AND PROVIDERS OF WEB HOSTING OR RELATED SERVICES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTIONS, WORK STOPPAGE, DEVICE FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE SOFTWARE (WHETHER OR NOT DUE TO ANY DEFECTS THEREOF). YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY DAMAGES, EVEN IF LICENSOR WERE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE REASONABLY FORESEEABLE. IN NO EVENT SHALL THE LICENSOR’S LIABILITY EXCEED THE LICENSE FEE, IF ANY, THAT YOU PAID FOR THE SOFTWARE. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM LICENSOR’S GROSS NEGLIGENCE, RECKLESSNESS, OR INTENTIONAL MISCONDUCT, BUT ONLY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS THE LIMITATION OF SUCH LIABILITY.
Indemnification. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE LICENSOR, AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES, AND PROVIDERS OF WEB HOSTING OR RELATED SERVICES, FROM AND AGAINST ALL LIABILITIES, LOSSES, COSTS, DAMAGES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATED TO OR ARISING OUT OF YOUR USE, REPRODUCTION, OR DISTRIBUTION OF THE SOFTWARE, OR YOUR BREACH OF ANY REPRESENTATION, WARRANTY, OR OBLIGATION UNDER THIS AGREEMENT.
Survival. The Provisions of Sections 2, 3, 4, 5, 6, 8, 9, 10, and 11 of this Agreement shall survive any termination or cancellation of this Agreement.
Severability. If any provision of this Agreement is found to be invalid, all other provisions will remain in full force and effect.
Entire Agreement. You acknowledge and agree that this Agreement constitutes your entire agreement with the Licensor concerning the Licensor’s granting you a license to use the Software, and this Agreement supersedes any proposals, prior agreements, oral or written, and all other communications between you and the Licensor or from the Licensor to the public related to the subject matter of this Agreement. This Agreement may be modified only by a written agreement signed by both you and an authorized representative of the Licensor.
Force Majeure. The Licensor shall not be liable under this Agreement for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is the result of causes beyond its control, including, but not limited to, labor disputes, civil commotion, war, fire, flood, inclement weather, and governmental orders. In that event, the Licensor shall be excused from its obligations for the period of the delay and for a reasonable time thereafter.
Waiver. The failure of the Licensor to exercise or enforce any right under or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Licensor must be in writing and signed by an authorized representative of the Licensor.
“I have read the End User License Agreement, above, and I acknowledge, understand, and agree to its terms.” [Click here to provide your electronic signature]
End User License Agreement
This End User License Agreement (“Agreement”) sets forth the terms and conditions under which AIAIO Inc., a Delaware corporation with its principal place of business in California (the “Licensor”), grants you, the end user, a license to use its Aio mobile application (the “Software”).
THIS AGREEMENT INCLUDES A LIMITED WARRANTY PROVISION, A LIMITATION OF LIABILITY PROVISION, AND AN INDEMNIFICATION PROVISION. PLEASE READ EACH PROVISION CAREFULLY, AS EACH AFFECTS YOUR LEGAL RIGHTS.
BY CLICKING TO PROVIDE YOUR ELECTRONIC SIGNATURE BELOW, YOU AGREE THAT YOU HAVE READ, YOU UNDERSTAND, AND YOU AGREE TO BE BOUND BY THIS AGREEMENT. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE READ AT https://heyaio.com. THE LICENSOR RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME AND WITHOUT NOTICE TO YOU UNTIL AFTER SUCH CHANGE, UNLESS OTHERWISE REQUIRED BY LAW.
License Grant. The Licensor hereby grants you a non-exclusive, non-assignable, non-transferable, limited license to use the Software, solely for its intended purpose as a mobile application for individuals’ personal use for video creation, according to the provisions contained herein and subject to payment of applicable license fees, if any. You are not permitted to lease, rent, distribute, sell, or sublicense the Software or any rights therein. Also, may not install the Software on a network server, use the Software in a time-sharing arrangement, or use the Software in any other unauthorized manner without the Licensor’s prior written consent. The Licensor does not grant you any rights in any of its patents, copyrights, trade secrets, trademarks, data, code, processes, functionality, or any other intellectual property. This Agreement does not entitle you to receive any upgrades to or newer versions of the Software, which the Licensor may provide at its sole discretion.
No Copies. You acknowledge and agree that you have no right, power, or authority to make any modifications to or unauthorized copies of the Software. You may maintain only one copy of the Software on each device on which the Software is installed. Otherwise, the Software may be copied only as essential for backup or archive purposes.
No Assignment or Transfer. You agree that you shall not assign or transfer the Software or any of your rights under this Agreement to any other party without the Licensor’s prior written consent.
No Modification or Reverse-Engineering. You agree that you shall not modify, translate, reverse-engineer, replicate, recreate, decompile, disassemble, or create derivative works of the Software, that you shall not create any mobile application competitive with the Software, and that you shall not assist any other party in performing such prohibited acts.
Compliance with Applicable Laws. You shall be responsible for compliance with all applicable laws, regulations, rules, and legal requirements. You agree not to import or export the Software in violation of any applicable laws or regulations of the United States or the country to which you have imported or exported the Software. You agree to indemnify, defend, and hold harmless the Licensor from and against all liabilities, losses, costs, damages, and expenses if you violate, or cause the Licensor to violate, any such laws or regulations.
Title. You acknowledge and agree that the Licensor owns and holds, and shall own and hold in perpetuity, all rights in, title to, and interests in the Software, all copies thereof, and all corrections, enhancements, or other modifications thereto, regardless of the form or media. The Software is protected by copyright laws, by other intellectual property laws, and by international treaties. The Licensor reserves for itself all rights not expressly granted to you under this Agreement.
Term and Termination. Your license to use the Software shall be perpetual from the time that you first install or use the Software—unless the license is terminated earlier. You may terminate this license at any time by (i) deleting from your devices all instances of the Software and all copies and merged portions thereof, and (ii) certifying to the Licensor, in writing, that you have done so. Your license to use the Software shall terminate immediately if you fail to comply with any term or condition of this Agreement. Upon such termination, you shall immediately (i) stop all use of the Software, (ii) delete from your devices all instances of the Software and all copies and merged portions thereof, and (iii) certify to the Licensor, in writing, that you have done so. You agree that you shall not be entitled to a refund of any applicable license fee upon early termination of this Agreement.
Governing Law; Venue. This Agreement and any dispute related to or arising out of this Agreement, is governed by the laws of the State of California, without regard to any conflict of law principles. Any lawsuit related to or arising out this Agreement shall be brought exclusively in a state or federal court located in Orange County, California, and you hereby consent to the jurisdiction of such courts.
Limited Warranty. The Licensor warrants that for a period of thirty (30) days from the date of installation, the Software, if used as directed, will substantially achieve its intended functionality. The Licensor does not warrant, however, that your use of the Software will be uninterrupted or error-free.
The Licensor’s sole responsibility in the event of any breach of this warranty shall be, in the Licensor’s sole discretion, either: (i) to repair, replace, or update defective Software; (ii) to advise you how to use the Software to substantially achieve its intended functionality; or (iii) to refund the license fee, if any, that you paid for the Software. Repaired, replaced, or updated Software shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software.
The Licensor shall be obligated to honor this warranty only if you notify the Licensor, during the warranty period, of your invoking the warranty, and only if you provide the Licensor clear evidence of the date you obtained a license to use the Software. The Licensor shall use reasonable commercial efforts to repair, replace, or update the Software, advise you how to use the Software to substantially achieve its intended functionality, or refund the license fee, if any, that you paid for the Software within sixty (60) days of your notifying the Licensor.
If you make any modifications to the Software during the warranty period, if you subject the Software to accident, abuse, or improper use, or if you violate the terms of this Agreement, then this warranty shall immediately terminate and be rendered void. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified versions of hardware and software with which the Licensor designed the Software to be used.
YOU ACKNOWLEDGE AND AGREE THAT THIS IS A LIMITED WARRANTY, AND THE WARRANTY SET FORTH IN THIS AGREEMENT IS THE ONLY WARRANTY MADE BY THE LICENSOR. THE LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS. TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD OR THE MINIMUM STATUTORY PERIOD, WHICHEVER IS LONGER. MOREOVER, IN NO EVENT SHALL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE, NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO AGENT OR EMPLOYEE OF THE LICENSOR IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY. THE ENTIRE RISK ARISING OUT OF YOUR USE OR THE PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL THE LICENSOR, OR ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES, AND PROVIDERS OF WEB HOSTING OR RELATED SERVICES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTIONS, WORK STOPPAGE, DEVICE FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE SOFTWARE (WHETHER OR NOT DUE TO ANY DEFECTS THEREOF). YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY DAMAGES, EVEN IF LICENSOR WERE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE REASONABLY FORESEEABLE. IN NO EVENT SHALL THE LICENSOR’S LIABILITY EXCEED THE LICENSE FEE, IF ANY, THAT YOU PAID FOR THE SOFTWARE. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM LICENSOR’S GROSS NEGLIGENCE, RECKLESSNESS, OR INTENTIONAL MISCONDUCT, BUT ONLY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS THE LIMITATION OF SUCH LIABILITY.
Indemnification. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE LICENSOR, AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES, AND PROVIDERS OF WEB HOSTING OR RELATED SERVICES, FROM AND AGAINST ALL LIABILITIES, LOSSES, COSTS, DAMAGES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATED TO OR ARISING OUT OF YOUR USE, REPRODUCTION, OR DISTRIBUTION OF THE SOFTWARE, OR YOUR BREACH OF ANY REPRESENTATION, WARRANTY, OR OBLIGATION UNDER THIS AGREEMENT.
Survival. The Provisions of Sections 2, 3, 4, 5, 6, 8, 9, 10, and 11 of this Agreement shall survive any termination or cancellation of this Agreement.
Severability. If any provision of this Agreement is found to be invalid, all other provisions will remain in full force and effect.
Entire Agreement. You acknowledge and agree that this Agreement constitutes your entire agreement with the Licensor concerning the Licensor’s granting you a license to use the Software, and this Agreement supersedes any proposals, prior agreements, oral or written, and all other communications between you and the Licensor or from the Licensor to the public related to the subject matter of this Agreement. This Agreement may be modified only by a written agreement signed by both you and an authorized representative of the Licensor.
Force Majeure. The Licensor shall not be liable under this Agreement for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is the result of causes beyond its control, including, but not limited to, labor disputes, civil commotion, war, fire, flood, inclement weather, and governmental orders. In that event, the Licensor shall be excused from its obligations for the period of the delay and for a reasonable time thereafter.
Waiver. The failure of the Licensor to exercise or enforce any right under or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Licensor must be in writing and signed by an authorized representative of the Licensor.
“I have read the End User License Agreement, above, and I acknowledge, understand, and agree to its terms.” [Click here to provide your electronic signature]
This End User License Agreement (“Agreement”) sets forth the terms and conditions under which AIAIO Inc., a Delaware corporation with its principal place of business in California (the “Licensor”), grants you, the end user, a license to use its Aio mobile application (the “Software”).
THIS AGREEMENT INCLUDES A LIMITED WARRANTY PROVISION, A LIMITATION OF LIABILITY PROVISION, AND AN INDEMNIFICATION PROVISION. PLEASE READ EACH PROVISION CAREFULLY, AS EACH AFFECTS YOUR LEGAL RIGHTS.
BY CLICKING TO PROVIDE YOUR ELECTRONIC SIGNATURE BELOW, YOU AGREE THAT YOU HAVE READ, YOU UNDERSTAND, AND YOU AGREE TO BE BOUND BY THIS AGREEMENT. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE READ AT https://heyaio.com. THE LICENSOR RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME AND WITHOUT NOTICE TO YOU UNTIL AFTER SUCH CHANGE, UNLESS OTHERWISE REQUIRED BY LAW.
License Grant. The Licensor hereby grants you a non-exclusive, non-assignable, non-transferable, limited license to use the Software, solely for its intended purpose as a mobile application for individuals’ personal use for video creation, according to the provisions contained herein and subject to payment of applicable license fees, if any. You are not permitted to lease, rent, distribute, sell, or sublicense the Software or any rights therein. Also, may not install the Software on a network server, use the Software in a time-sharing arrangement, or use the Software in any other unauthorized manner without the Licensor’s prior written consent. The Licensor does not grant you any rights in any of its patents, copyrights, trade secrets, trademarks, data, code, processes, functionality, or any other intellectual property. This Agreement does not entitle you to receive any upgrades to or newer versions of the Software, which the Licensor may provide at its sole discretion.
No Copies. You acknowledge and agree that you have no right, power, or authority to make any modifications to or unauthorized copies of the Software. You may maintain only one copy of the Software on each device on which the Software is installed. Otherwise, the Software may be copied only as essential for backup or archive purposes.
No Assignment or Transfer. You agree that you shall not assign or transfer the Software or any of your rights under this Agreement to any other party without the Licensor’s prior written consent.
No Modification or Reverse-Engineering. You agree that you shall not modify, translate, reverse-engineer, replicate, recreate, decompile, disassemble, or create derivative works of the Software, that you shall not create any mobile application competitive with the Software, and that you shall not assist any other party in performing such prohibited acts.
Compliance with Applicable Laws. You shall be responsible for compliance with all applicable laws, regulations, rules, and legal requirements. You agree not to import or export the Software in violation of any applicable laws or regulations of the United States or the country to which you have imported or exported the Software. You agree to indemnify, defend, and hold harmless the Licensor from and against all liabilities, losses, costs, damages, and expenses if you violate, or cause the Licensor to violate, any such laws or regulations.
Title. You acknowledge and agree that the Licensor owns and holds, and shall own and hold in perpetuity, all rights in, title to, and interests in the Software, all copies thereof, and all corrections, enhancements, or other modifications thereto, regardless of the form or media. The Software is protected by copyright laws, by other intellectual property laws, and by international treaties. The Licensor reserves for itself all rights not expressly granted to you under this Agreement.
Term and Termination. Your license to use the Software shall be perpetual from the time that you first install or use the Software—unless the license is terminated earlier. You may terminate this license at any time by (i) deleting from your devices all instances of the Software and all copies and merged portions thereof, and (ii) certifying to the Licensor, in writing, that you have done so. Your license to use the Software shall terminate immediately if you fail to comply with any term or condition of this Agreement. Upon such termination, you shall immediately (i) stop all use of the Software, (ii) delete from your devices all instances of the Software and all copies and merged portions thereof, and (iii) certify to the Licensor, in writing, that you have done so. You agree that you shall not be entitled to a refund of any applicable license fee upon early termination of this Agreement.
Governing Law; Venue. This Agreement and any dispute related to or arising out of this Agreement, is governed by the laws of the State of California, without regard to any conflict of law principles. Any lawsuit related to or arising out this Agreement shall be brought exclusively in a state or federal court located in Orange County, California, and you hereby consent to the jurisdiction of such courts.
Limited Warranty. The Licensor warrants that for a period of thirty (30) days from the date of installation, the Software, if used as directed, will substantially achieve its intended functionality. The Licensor does not warrant, however, that your use of the Software will be uninterrupted or error-free.
The Licensor’s sole responsibility in the event of any breach of this warranty shall be, in the Licensor’s sole discretion, either: (i) to repair, replace, or update defective Software; (ii) to advise you how to use the Software to substantially achieve its intended functionality; or (iii) to refund the license fee, if any, that you paid for the Software. Repaired, replaced, or updated Software shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software.
The Licensor shall be obligated to honor this warranty only if you notify the Licensor, during the warranty period, of your invoking the warranty, and only if you provide the Licensor clear evidence of the date you obtained a license to use the Software. The Licensor shall use reasonable commercial efforts to repair, replace, or update the Software, advise you how to use the Software to substantially achieve its intended functionality, or refund the license fee, if any, that you paid for the Software within sixty (60) days of your notifying the Licensor.
If you make any modifications to the Software during the warranty period, if you subject the Software to accident, abuse, or improper use, or if you violate the terms of this Agreement, then this warranty shall immediately terminate and be rendered void. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified versions of hardware and software with which the Licensor designed the Software to be used.
YOU ACKNOWLEDGE AND AGREE THAT THIS IS A LIMITED WARRANTY, AND THE WARRANTY SET FORTH IN THIS AGREEMENT IS THE ONLY WARRANTY MADE BY THE LICENSOR. THE LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS. TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD OR THE MINIMUM STATUTORY PERIOD, WHICHEVER IS LONGER. MOREOVER, IN NO EVENT SHALL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE, NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO AGENT OR EMPLOYEE OF THE LICENSOR IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY. THE ENTIRE RISK ARISING OUT OF YOUR USE OR THE PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL THE LICENSOR, OR ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES, AND PROVIDERS OF WEB HOSTING OR RELATED SERVICES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTIONS, WORK STOPPAGE, DEVICE FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE SOFTWARE (WHETHER OR NOT DUE TO ANY DEFECTS THEREOF). YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY DAMAGES, EVEN IF LICENSOR WERE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE REASONABLY FORESEEABLE. IN NO EVENT SHALL THE LICENSOR’S LIABILITY EXCEED THE LICENSE FEE, IF ANY, THAT YOU PAID FOR THE SOFTWARE. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM LICENSOR’S GROSS NEGLIGENCE, RECKLESSNESS, OR INTENTIONAL MISCONDUCT, BUT ONLY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS THE LIMITATION OF SUCH LIABILITY.
Indemnification. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE LICENSOR, AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES, AND PROVIDERS OF WEB HOSTING OR RELATED SERVICES, FROM AND AGAINST ALL LIABILITIES, LOSSES, COSTS, DAMAGES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATED TO OR ARISING OUT OF YOUR USE, REPRODUCTION, OR DISTRIBUTION OF THE SOFTWARE, OR YOUR BREACH OF ANY REPRESENTATION, WARRANTY, OR OBLIGATION UNDER THIS AGREEMENT.
Survival. The Provisions of Sections 2, 3, 4, 5, 6, 8, 9, 10, and 11 of this Agreement shall survive any termination or cancellation of this Agreement.
Severability. If any provision of this Agreement is found to be invalid, all other provisions will remain in full force and effect.
Entire Agreement. You acknowledge and agree that this Agreement constitutes your entire agreement with the Licensor concerning the Licensor’s granting you a license to use the Software, and this Agreement supersedes any proposals, prior agreements, oral or written, and all other communications between you and the Licensor or from the Licensor to the public related to the subject matter of this Agreement. This Agreement may be modified only by a written agreement signed by both you and an authorized representative of the Licensor.
Force Majeure. The Licensor shall not be liable under this Agreement for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is the result of causes beyond its control, including, but not limited to, labor disputes, civil commotion, war, fire, flood, inclement weather, and governmental orders. In that event, the Licensor shall be excused from its obligations for the period of the delay and for a reasonable time thereafter.
Waiver. The failure of the Licensor to exercise or enforce any right under or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Licensor must be in writing and signed by an authorized representative of the Licensor.
“I have read the End User License Agreement, above, and I acknowledge, understand, and agree to its terms.” [Click here to provide your electronic signature]
End User License Agreement
This End User License Agreement (“Agreement”) sets forth the terms and conditions under which AIAIO Inc., a Delaware corporation with its principal place of business in California (the “Licensor”), grants you, the end user, a license to use its Aio mobile application (the “Software”).
THIS AGREEMENT INCLUDES A LIMITED WARRANTY PROVISION, A LIMITATION OF LIABILITY PROVISION, AND AN INDEMNIFICATION PROVISION. PLEASE READ EACH PROVISION CAREFULLY, AS EACH AFFECTS YOUR LEGAL RIGHTS.
BY CLICKING TO PROVIDE YOUR ELECTRONIC SIGNATURE BELOW, YOU AGREE THAT YOU HAVE READ, YOU UNDERSTAND, AND YOU AGREE TO BE BOUND BY THIS AGREEMENT. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE READ AT https://heyaio.com. THE LICENSOR RESERVES THE RIGHT TO CHANGE THIS AGREEMENT AT ANY TIME AND WITHOUT NOTICE TO YOU UNTIL AFTER SUCH CHANGE, UNLESS OTHERWISE REQUIRED BY LAW.
License Grant. The Licensor hereby grants you a non-exclusive, non-assignable, non-transferable, limited license to use the Software, solely for its intended purpose as a mobile application for individuals’ personal use for video creation, according to the provisions contained herein and subject to payment of applicable license fees, if any. You are not permitted to lease, rent, distribute, sell, or sublicense the Software or any rights therein. Also, may not install the Software on a network server, use the Software in a time-sharing arrangement, or use the Software in any other unauthorized manner without the Licensor’s prior written consent. The Licensor does not grant you any rights in any of its patents, copyrights, trade secrets, trademarks, data, code, processes, functionality, or any other intellectual property. This Agreement does not entitle you to receive any upgrades to or newer versions of the Software, which the Licensor may provide at its sole discretion.
No Copies. You acknowledge and agree that you have no right, power, or authority to make any modifications to or unauthorized copies of the Software. You may maintain only one copy of the Software on each device on which the Software is installed. Otherwise, the Software may be copied only as essential for backup or archive purposes.
No Assignment or Transfer. You agree that you shall not assign or transfer the Software or any of your rights under this Agreement to any other party without the Licensor’s prior written consent.
No Modification or Reverse-Engineering. You agree that you shall not modify, translate, reverse-engineer, replicate, recreate, decompile, disassemble, or create derivative works of the Software, that you shall not create any mobile application competitive with the Software, and that you shall not assist any other party in performing such prohibited acts.
Compliance with Applicable Laws. You shall be responsible for compliance with all applicable laws, regulations, rules, and legal requirements. You agree not to import or export the Software in violation of any applicable laws or regulations of the United States or the country to which you have imported or exported the Software. You agree to indemnify, defend, and hold harmless the Licensor from and against all liabilities, losses, costs, damages, and expenses if you violate, or cause the Licensor to violate, any such laws or regulations.
Title. You acknowledge and agree that the Licensor owns and holds, and shall own and hold in perpetuity, all rights in, title to, and interests in the Software, all copies thereof, and all corrections, enhancements, or other modifications thereto, regardless of the form or media. The Software is protected by copyright laws, by other intellectual property laws, and by international treaties. The Licensor reserves for itself all rights not expressly granted to you under this Agreement.
Term and Termination. Your license to use the Software shall be perpetual from the time that you first install or use the Software—unless the license is terminated earlier. You may terminate this license at any time by (i) deleting from your devices all instances of the Software and all copies and merged portions thereof, and (ii) certifying to the Licensor, in writing, that you have done so. Your license to use the Software shall terminate immediately if you fail to comply with any term or condition of this Agreement. Upon such termination, you shall immediately (i) stop all use of the Software, (ii) delete from your devices all instances of the Software and all copies and merged portions thereof, and (iii) certify to the Licensor, in writing, that you have done so. You agree that you shall not be entitled to a refund of any applicable license fee upon early termination of this Agreement.
Governing Law; Venue. This Agreement and any dispute related to or arising out of this Agreement, is governed by the laws of the State of California, without regard to any conflict of law principles. Any lawsuit related to or arising out this Agreement shall be brought exclusively in a state or federal court located in Orange County, California, and you hereby consent to the jurisdiction of such courts.
Limited Warranty. The Licensor warrants that for a period of thirty (30) days from the date of installation, the Software, if used as directed, will substantially achieve its intended functionality. The Licensor does not warrant, however, that your use of the Software will be uninterrupted or error-free.
The Licensor’s sole responsibility in the event of any breach of this warranty shall be, in the Licensor’s sole discretion, either: (i) to repair, replace, or update defective Software; (ii) to advise you how to use the Software to substantially achieve its intended functionality; or (iii) to refund the license fee, if any, that you paid for the Software. Repaired, replaced, or updated Software shall be covered by this limited warranty for the period remaining under the warranty that covered the original Software.
The Licensor shall be obligated to honor this warranty only if you notify the Licensor, during the warranty period, of your invoking the warranty, and only if you provide the Licensor clear evidence of the date you obtained a license to use the Software. The Licensor shall use reasonable commercial efforts to repair, replace, or update the Software, advise you how to use the Software to substantially achieve its intended functionality, or refund the license fee, if any, that you paid for the Software within sixty (60) days of your notifying the Licensor.
If you make any modifications to the Software during the warranty period, if you subject the Software to accident, abuse, or improper use, or if you violate the terms of this Agreement, then this warranty shall immediately terminate and be rendered void. This warranty shall not apply if the Software is used on or in conjunction with hardware or software other than the unmodified versions of hardware and software with which the Licensor designed the Software to be used.
YOU ACKNOWLEDGE AND AGREE THAT THIS IS A LIMITED WARRANTY, AND THE WARRANTY SET FORTH IN THIS AGREEMENT IS THE ONLY WARRANTY MADE BY THE LICENSOR. THE LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS. TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE ABOVE LIMITED WARRANTY PERIOD OR THE MINIMUM STATUTORY PERIOD, WHICHEVER IS LONGER. MOREOVER, IN NO EVENT SHALL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE, NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. NO AGENT OR EMPLOYEE OF THE LICENSOR IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS LIMITED WARRANTY. THE ENTIRE RISK ARISING OUT OF YOUR USE OR THE PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
Limitation of Liability. YOU ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL THE LICENSOR, OR ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES, AND PROVIDERS OF WEB HOSTING OR RELATED SERVICES, BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTIONS, WORK STOPPAGE, DEVICE FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE SOFTWARE (WHETHER OR NOT DUE TO ANY DEFECTS THEREOF). YOU FURTHER ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY DAMAGES, EVEN IF LICENSOR WERE INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH DAMAGES WERE REASONABLY FORESEEABLE. IN NO EVENT SHALL THE LICENSOR’S LIABILITY EXCEED THE LICENSE FEE, IF ANY, THAT YOU PAID FOR THE SOFTWARE. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM LICENSOR’S GROSS NEGLIGENCE, RECKLESSNESS, OR INTENTIONAL MISCONDUCT, BUT ONLY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS THE LIMITATION OF SUCH LIABILITY.
Indemnification. YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS THE LICENSOR, AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES, AND PROVIDERS OF WEB HOSTING OR RELATED SERVICES, FROM AND AGAINST ALL LIABILITIES, LOSSES, COSTS, DAMAGES, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) RELATED TO OR ARISING OUT OF YOUR USE, REPRODUCTION, OR DISTRIBUTION OF THE SOFTWARE, OR YOUR BREACH OF ANY REPRESENTATION, WARRANTY, OR OBLIGATION UNDER THIS AGREEMENT.
Survival. The Provisions of Sections 2, 3, 4, 5, 6, 8, 9, 10, and 11 of this Agreement shall survive any termination or cancellation of this Agreement.
Severability. If any provision of this Agreement is found to be invalid, all other provisions will remain in full force and effect.
Entire Agreement. You acknowledge and agree that this Agreement constitutes your entire agreement with the Licensor concerning the Licensor’s granting you a license to use the Software, and this Agreement supersedes any proposals, prior agreements, oral or written, and all other communications between you and the Licensor or from the Licensor to the public related to the subject matter of this Agreement. This Agreement may be modified only by a written agreement signed by both you and an authorized representative of the Licensor.
Force Majeure. The Licensor shall not be liable under this Agreement for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is the result of causes beyond its control, including, but not limited to, labor disputes, civil commotion, war, fire, flood, inclement weather, and governmental orders. In that event, the Licensor shall be excused from its obligations for the period of the delay and for a reasonable time thereafter.
Waiver. The failure of the Licensor to exercise or enforce any right under or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Licensor must be in writing and signed by an authorized representative of the Licensor.
“I have read the End User License Agreement, above, and I acknowledge, understand, and agree to its terms.” [Click here to provide your electronic signature]