END USER LICENSE AGREEMENT
Thank you for selecting the Software offered by Gneu, LLC (referred to as “we”, or “us”). Review these license terms (“Agreement”) thoroughly. This Agreement is a legal agreement between you and Gneu, LLC. By accepting electronically (for example installing, accessing or using the Software) you agree to these terms. If you do not agree to this Agreement, then you may not use the Software.
GENERAL TERMS: This agreement describes the terms governing the use of Gneu, LLC software including content, updates and new releases (collectively, the “Software”).
LICENSE GRANT AND RESTRICTIONS: The Software is protected by copyright, trade secret, and other intellectual property laws. You are only granted certain limited rights to install and use the Software and Gneu, LLC grants you a personal, limited, nonexclusive, nontransferable, revocable license to use the Software. You acknowledge and agree that the Software is licensed, not sold. You agree not to use, nor permit any third party to use the Software in a manner that violates any applicable law, regulation , or this Agreement. You agree that you will not:
- Provide access to or give the Software or any part of the Software to any third party;
- Reproduce, duplicate, modify, copy, deconstruct, reverse-engineer, sell, trade or resell the Software;
- Transfer your license to the Software to any other party;
- Attempt unauthorized access to any other Gneu, LLC systems that are not part of the Software;
- Permit any third party to benefit from the use or functionality of the Software via a rental, lease, timesharing, service bureau, hosting service or other arrangement or
- Make the Software available on any file-sharing application hosting service.
PAYMENT: This Software is licensed on a payment basis. The ordering and payment terms for use of the Software are as follows: Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Software.
- You must pay with one of the following:
- A valid credit card acceptable to Gneu, LLC;
- A valid debit card acceptable to Gneu, LLC;
- Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
- By another payment option Gneu, LLC provides to you in writing.
- If your payment and registration information is not accurate, current and complete, and you do not notify us promptly when such information changes, we may suspend or terminate your account, terminate your license and refuse any further use of the Software.
- Additional cancellation or renewal terms may be provided to you on the website for the Software.
PRIVACY AND PERSONAL INFORMATION: You agree that Gneu, LLC may use and maintain your data as part of the Software. You give Gneu, LLC permission to combine information you enter or upload for the Software with that of other users of the Software to create non-identifiable, aggregated data to improve the Software.
Content: You are responsible for all of your materials (“Content”) uploaded, posted or stored through your use of the Software. You grant Gneu, LLC a royalty-free, non exclusive license to use any content created through your use of the Software for promotional materials by notifying you in writing. You are responsible for lost or nonrecoverable Content. Gneu, LLC is not responsible for the content or data you provide through your use of the Software. You agree not to use the Software, nor permit any third party to use the Software to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following including but not limited to:
- Illegal, fraudulent defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
- Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
- Virus, trojan horse, worm or other disruptive or harmful software or data; and
- Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
Community forums: The Software may include a community forum or other social features to exchange Content and information with other users of the Software and the public. Gneu, LLC is not responsible for the content in these community forums.
FEEDBACK PROVIDED: You agree that Gneu, LLC may use your feedback, ideas or suggestions in any way including future upgrades and modifications of the Software by granting a royalty free, fully transferable, non-revocable sublicense to use the feedback provided by you in any way. ,
COMMUNICATIONS: Gneu, LLC may be required by law to send you communications about the Software. You agree that Gneu, LLC may send these communications to you via email or by posting them on our website.
DISCLAIMER OF WARRANTIES: YOU AGREE THAT GNEU, LLC HAS MADE NO EXPRESS OR IMPLIED WARRANTIES TO YOU REGARDING THE SFOTWARD AND THAT THE SOFTWARE IS BEING PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND. GNEU, LLC DISCLAIMS ALL WARRANTIES WITH REGARD TO THE SOFTWARE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, MERCHANTABLE QUALITY, OR NONINFRINGEMENT OF THIRD PARTY RIGHTS. Some states or jurisdictions do not allow the exclusion of implied warranties, so the above limitation may not apply to you.
LIMIT OF LIABILITY: IN NO EVENT WILL GNEU, LCC BE LIABLE TO YOU FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE S OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF GNEU, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree to indemnify and hold Gneu, LLC harmless for any and all claims, liability and expenses, including reasonable attorneys’ fees and costs arising out of your use of the Software or breach of this Agreement. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
CHANGES: We reserve the right to change this Agreement at any time and the changes will be effective when posted on our website for the Software or when we notify you by other means. We may also change or discontinue the Software, in whole or in part. Your continued use of the Software indicates your agreement to the changes.
TERMINATION: Gneu, LLC may immediately, in its sole discretion, and without notice terminate the Software if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using and delete or destroy all copies of the Software and any outstanding payments will become due. Any termination of this Agreement shall not affect Gneu, LLC’s rights to any payments due to it. The rights shall survive and remain in effect even if the Agreement is terminated, cancelled or rescinded.
GOVERNING LAW: California’s state law governs this Agreement.
ENTIRE AGREEMENT: This Agreement is the entire agreement between you and Gneu, LLC and replaces all prior understandings, communications and agreements, oral or written regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable.
ASSIGNMENT: You cannot assign or transfer ownership of this Agreement to anyone without written approval of Gneu, LLC. However, Gneu, LLC may assign or transfer it without your consent to an affiliate, a company through a sale of asset or successor by merger. Any assignment in violation of this Section shall be void.