1. HARDWARE1.1. The System contains computer hardware (“Hardware”), the design, functionality, features, trade secrets, Confidential Information and proprietary rights (the “Technology”) of which are proprietary to Allure Energy, Inc. (“Licensor”) and its suppliers and are protected by the laws of the United States and international treaties. Notwithstanding transfer of title and risk of loss to the Hardware, the Technology is licensed to End User and not sold and Licensor and its suppliers retain all right, title and interest in and to the Technology and all accompanying intellectual property rights. End User is granted no interest in, other than a license to use, the Technology and use of the Hardware is subject to the terms and conditions of this Agreement.
2. SOFTWARE2.1. Subject to all the terms and conditions of this Agreement, Licensor hereby grants End User a limited, personal, non-sublicensable, non-transferable, non-exclusive license to use the software included with the System ("Software") only for End User’s personal, internal use and only in accordance with any documentation that accompanies it.
3. INTELLECTUAL PROPERTY; CONTENTAs a condition to End User's use of the System, End User represents, warrants and covenants that End User will not use the System: (i) to infringe the intellectual property rights or proprietary rights, or rights of publicity or privacy, of any third party; (ii) to violate any law, statute, ordinance or regulation; (iii) to disseminate information or materials in any form or format ("Content") that is harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) to disseminate any software viruses or any other computer code, files or programs that may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. End User, not Licensor, remains solely responsible for all Content that End User uploads, posts, e-mails, transmits, or otherwise disseminates using, or in connection with, the Software. End User acknowledges that all Content that End User accesses using the Software is at End User's own risk and End User will be solely responsible for any damage to any party resulting therefrom.
4. SUPPORT AND UPGRADESFrom time to time, Software upgrades, patches, enhancements or fixes (collectively, "Support") will be made available to End Users. This Agreement does not entitle End User to any upgrades, patches, enhancements, or fixes for the Hardware unless End User makes separate arrangements for Support with Seller and pays any fees associated with such Support. Any such Support for the System that may be made available shall become part of the System and subject to this Agreement.
5. INDEMNITYEnd User agrees that Licensor shall have no liability whatsoever for any use End User make of the System. End User shall indemnify and hold harmless Licensor and its suppliers from any claims, damages, liabilities, costs and fees (including reasonable attorney fees) arising from End User's use of the System as well as from End User's failure to comply with any term of this Agreement.
6. LIMITATION OF LIABILITYUnder No Circumstances And Under No Legal Theory, Including, But Not Limited To, Tort, Contract, Negligence, Strict Liability, Or Otherwise, Shall Licensor Or Its Suppliers Be Liable To End User Or Any Other Person For Any Indirect, Special, Incidental, Or Consequential Damages Of Any Character Including, Without Limitation, Damages For Lost Profits, Loss Of Goodwill, Work Stoppage, Accuracy Of Results, Computer Failure Or Malfunction, Or Damages Resulting From End User’s Use Of The System. The Foregoing Limitations Shall Apply Even If Licensor Shall Have Been Informed Of The Possibility Of Such Damages. Some States Do Not Allow The Exclusion Or Limitation Of Incidental Or Consequential Damages, So The Above Limitation And Exclusion May Not Apply To End User.
7. TERM AND TERMINATIONThis Agreement shall continue until terminated as set forth in this Section 10. End User may terminate this Agreement at any time. Licensor may terminate this Agreement immediately if End User breaches any provision of this Agreement and such breach is not cured within thirty (30) days of Licensor’s notice. Any termination of this Agreement shall also terminate the licenses granted hereunder. Upon termination of this Agreement for any reason, the licenses granted under Section 2.1 shall be immediately terminated, End User shall immediately cease all use of the Software, and shall, at Licensor’s discretion, return or destroy the Software, and any copies thereof, and provide written certification by an officer of End User that the foregoing has been accomplished. Licensor and its suppliers shall have the right to inspect and audit End User's facilities to confirm End User’s compliance with this Agreement. Those provisions of this Agreement that by their nature, or their terms, should survive termination of this Agreement shall survive.
8. GOVERNMENT USEIf End User is part of an agency, department, or other entity of the United States Government ("Government"), the use, duplication, reproduction, release, modification, disclosure or transfer of the System is restricted in accordance with the Federal Acquisition Regulations as applied to civilian agencies and the Defense Federal Acquisition Regulation Supplement as applied to military agencies. The Software is a "commercial item," "commercial computer software" and "commercial computer software documentation." In accordance with such provisions, any use of the System by the Government shall be governed solely by the terms of this Agreement.
9. EXPORT CONTROLSEnd User shall comply with all import and export laws and restrictions and regulations of the Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control ("OFAC"), or other United States or foreign agency or authority, and End User shall not import, export, or allow the import, export or re-export of the System in violation of any such restrictions, laws or regulations. By using the System, End User agrees to the foregoing and represents and warrants that End User is not located in, under the control of, or a national or resident of any restricted country.
10. MISCELLANEOUSThis Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them with respect to the subject matter of this Agreement. It is the intention of the parties that, except with respect to price, quantity, delivery and similar terms of an applicable purchase document, this Agreement shall be controlling over additional or different terms of any order, confirmation, invoice or similar document, even if accepted in writing by both parties, and that waivers and amendments shall be effective only if made by non- preprinted written agreements signed by the parties and clearly understood by both parties to be an amendment or waiver. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. The failure of Licensor to act with respect to a breach of this Agreement by End User or others does not constitute a waiver and shall not limit Licensor’s rights with respect to such breach or any subsequent breaches. This Agreement is personal to End User and may not be assigned or transferred for any reason whatsoever (including, without limitation, by operation of law, merger, reorganization, or as a result of an acquisition or change of control involving End User) without Licensor’s consent and any action or conduct in violation of the foregoing shall be void and without effect. Licensor expressly reserves the right to assign this Agreement and to delegate any of its obligations hereunder. This Agreement shall be governed by and construed under the law of the jurisdiction in which Licensor’s headquarters are located. The sole and exclusive jurisdiction and venue for actions arising under this Agreement shall be the State and Federal courts in the jurisdiction in which Licensor’s headquarters are located; End User hereby agrees to service of process in accordance with the rules of such courts. The party prevailing in any dispute under this Agreement shall be entitled to its costs and legal fees.
11. THIRD PARTY NOTICESCertain portions of the Software included with the System are licensed under the terms of the most recent version of the GNU General Public License (“GPL”) as published by the Free Software Foundation. A copy of the GPL is available at http://www.gnu.org/licenses/licenses.html. Third Party photos are the property of Bob Schneider, Flickr, and Cuba Gallery, all rights reserved.
12. RETURNS AND REFUNDSIf, for whatever reason, you are dissatisfied with your purchase, you may return it within thirty (30) days of the product shipment date for a full product refund by contacting us at 512-284-8584 or , purchase receipt required. Refunds may take up to two (2) billing cycles to process. If your product is determined to be defective, you will be provided with a return shipping label to cover the shipping fee. Otherwise, you are responsible for the shipping costs associated with returning the product to Allure Energy.