The Product is the property of uswatchdogs.net. The Product is licensed, not sold, to you notwithstanding any reference herein to purchases. You acknowledge and agree that: (a) the Product is protected under Amsterdam copyright and other laws; (b) uswatchdogs.net and its licensors retain all copyrights and other intellectual property rights in the Product; (c) there are no implied licenses under this License, and any rights not expressly granted to you hereunder are reserved by uswatchdogs.net; (d) you acquire no ownership or other interest in or to the Product; and (e) uswatchdogs.net owns all copies of the Product, however made. You agree that you will not, at any time, contest, file suit, or make claims for damages or compensation, through any court or other venue worldwide uswatchdogs.nets ownership of the Product, nor will you challenge any of uswatchdogs.nets rights in the Product. You further agree not to use or make claim to any trademark or Product mark belonging to uswatchdogs.net.2. GRANT OF LICENSE AND SCOPE OF USE.
2.1 Grant of License. Subject to the terms and conditions of this License, uswatchdogs.net grants to you a personal, nonexclusive, nontransferable and limited license to use the Product. All rights not specifically granted to you herein are retained by uswatchdogs.net. You acknowledges and agrees that the Product and all data and information (except for data and information directly added by You) accessed from or through the Product is the confidential, proprietary and trade secret information (Confidential Information) of uswatchdogs.net or, as applicable, the third party who has licensed such Product to uswatchdogs.net, which in each case retains all right, title and interest thereto. You shall not make such Confidential Information available to any third party or use the Confidential Information for any purpose other than as set forth herein. uswatchdogs.net reserves all of its and, as applicable, the third party who has licensed such product to uswatchdogs.net, right, title and interest in each of their respective intellectual property, including but not limited to any patent, copyright, trademark, trade secret, trade dress, mask work, moral right, right of attribution or integrity or other intellectual or industrial property right.
3. Third Party Software. The Product may include source code, redistributable files, and/or other files provided by a third party vendor (Third Party Product). Since use of Third Party Product might be subject to license restrictions imposed by the third party vendor, you should refer to the on-line documentation (if any) provided with Third Party Product for any license restrictions imposed by the third party vendor. In any event, any license restrictions imposed by a third party vendor are in addition to, not in lieu of, the terms and conditions of this License.
4. SPECIAL TERMS.
The following terms and conditions (Special Terms) are specific to certain editions, versions and components of the Product and are in addition to the provisions of Sections 2 and 3. If any provision of the Special Terms applicable to the Product conflicts with any other provision of this License, then the provision of the Special Terms will supersede and control.
4.1 ADDITIONAL LICENSE TERMS APPLICABLE TO THIRD PARTY SOFTWARE
Certain components of the Product use or incorporate third-party software programs and/or libraries (Third-Party Software) which are provided (in both object and source code form) on the Product media. You agree that uswatchdogs.nets third-party licensors and suppliers are intended third party beneficiaries of all terms and conditions of this License intended to protect intellectual property rights in the Product (including the Third-Party Software) and limit certain uses thereof.
5. Limitations. You may not: (a) modify, adapt, alter, translate, or create derivative works of the Product or merge the Product with other software except as approved of in writing by uswatchdogs.net; (b) lease, rent or loan the Product to any third party; (c) sublicense, distribute or otherwise transfer the Product or any component thereof to any third party except as expressly authorized under this Agreement; (d) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Product; (e) remove, alter, or obscure any confidentiality or proprietary notices (including copyright and trademark notices) of uswatchdogs.net or its suppliers on the Product; (f) allow third parties to access or use the Product such as in a time-sharing arrangement or operate the Product as part of a Product bureau or, except as expressly authorized under Sections 2, 3 or 4, otherwise for the use or benefit of third parties; (g) reproduce or use the Product except as expressly authorized under Sections 2, 3 or 4; or (h) disclose or publish performance benchmark results for the Product. The rights granted under this License apply only to this Product. You must procure a separate license to use other uswatchdogs.net software.
6. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY.
THE PRODUCT IS PROVIDED AS IS AND WITHOUT WARRANTY OF ANY KIND. uswatchdogs.net HEREBY EXCLUDES AND DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, NON-INFRINGEMENT, TITLE, RESULTS, EFFORTS OR QUIET ENJOYMENT. THERE IS NO WARRANTY THAT THE PRODUCT WILL BE ERROR-FREE OR WILL FUNCTION WITHOUT INTERRUPTION. YOU ASSUME THE ENTIRE RISK FOR THE RESULTS OBTAINED USING THE PRODUCT. TO THE EXTENT THAT uswatchdogs.net MAY NOT DISCLAIM ANY WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. . uswatchdogs.net WILL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF BUSINESS OR DATA, INTERRUPTION OF BUSINESS OR THE PRODUCT, LOSS OF USE, LOST SAVINGS OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES. uswatchdogs.net WILL NOT BE LIABLE FOR ANY DELAY IN ACCESSING AND/OR INABILITY TO ACCESS THE PRODUCT WHETHER DUE TO AN ACT OF GOD, ACTION BY GOVERNMENTAL ENTITY, STRIKE, NETWORK DIFFICULTY, ELECTRONIC MALFUNCTION, ETC., OR ANY RELIABILITY OR EFFECTIVENESS RELATED TO THE PRODUCT. IN NO EVENT WILL uswatchdogs.net BE LIABLE FOR ANY FAILURE, DISRUPTION, DOWNTIME, INTERRUPTION, DELAY, INACCURACY, OR ANY OTHER NONPERFORMANCE RELATED TO THE PRODUCT. uswatchdogs.net MAKES NO WARRANTY OR REPRESENTATION THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. uswatchdogs.net DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION OR DATA OR OTHER MATERIALS OBTAINED FROM uswatchdogs.netS PRODUCT ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR FREE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. uswatchdogs.netS LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT [INCLUDING NEGLIGENCE], PRODUCT LIABLITY OR OTHERWISE, WILL BE LIMITED TO THE FEES PAID.
7. PRODUCTS; UPDATES; PRODUCT CHANGES. uswatchdogs.net is not required under this License to provide any installation, training or other Products to you. Such Products, if available, must be purchased separately. If uswatchdogs.net provides you with a new release, error correction, update, upgrade or other modification to the Product, such modification will be deemed part of the Product, and subject to the terms of this License, unless the modification is expressly provided subject to a separate license agreement. uswatchdogs.net reserves the right at any time not to release or to discontinue release of any Product and to alter prices, features, specifications, capabilities, functions, licensing terms, release dates, general availability or other characteristics of any future releases of the Product.
8. Confidentiality. You acknowledge that the Product in source code form remains a confidential trade secret of uswatchdogs.net. You agree to hold this information in confidence, not disclose it to any person, and not use it for any purpose other than the use and operation of the Product as permitted under this License.
9. INDEMNITY. You agree to indemnify and hold uswatchdogs.net, its subsidiaries, affiliates, parent corporation, officers, employees, suppliers and agents harmless from any claim or demand, including reasonable attorneys fees, resulting from any violation of this Agreement, any actions taken independently by You which impact, directly or indirectly on the Product, or the infringement of any intellectual property right of any person or entity or any activity related to Your account (including any negligent or wrongful conduct) by You or any other person accessing the Product using Your username or password.
10. TERM AND TERMINATION.
10.1 Term. The term of this License will begin as of the date that you receive the Product and will remain in effect perpetually unless terminated under this Section 10.
10.2 Termination for Cause. uswatchdogs.net may terminate this License if you breach your obligations hereunder.
10.3 Effect of Termination. Upon the termination of this License for any reason the following terms shall apply: (a) all rights granted under this License will immediately terminate and you must stop all use of the Product.
11. GENERAL PROVISIONS.
11.1 Canadian Transactions. If you are subject to Canadian law, you agree to the following:
The parties hereto have expressly required that the present License and its Exhibits be drawn up in the English language. / Les parties aux presentes ont expressement exige que la presente Convention et ses Annexes soient redigees en langue anglaise.
11.2 Hazardous Uses. The Product is not intended for use, and you may not use or allow others to use the Product, in connection with any application requiring fail-safe performance such as the operation of nuclear power facilities, air traffic control or navigation systems, weapons control systems, life support systems, or any other system whose failure could lead to injury, death, environmental damage or mass destruction. You agree that uswatchdogs.net will have no liability of any nature, and you are solely responsible, for any expense, loss, injury or damage incurred as a result of such use of the Product.
11.3 Governing Law. This License will be governed by and construed in accordance with the laws of the United States and the Commonwealth of Massachusetts, without giving effect to any conflicts or choice of laws principles that would require the application of the laws of a different jurisdiction. The parties expressly exclude the application of the 1980 United Nations Convention on the International Sale of Goods (if applicable).
11.4 Entire License; Severability. This License constitutes the entire, final and exclusive agreement between you and uswatchdogs.net regarding the specific license transaction described herein. If any portion of this Agreement is found to be unlawful, void or unenforceable for any reason whatsoever, the unenforceable provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of the remaining provisions of this Agreement. This Agreement is the complete agreement concerning the subject matter hereof, and supersedes all prior agreements and representations between uswatchdogs.net and You. It may be modified only in writing signed by both parties. If uswatchdogs.net must hire an attorney to enforce any of the terms and conditions of this Agreement, You agree to pay all reasonable attorneys’ fees and court costs incurred by uswatchdogs.net. This Agreement shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts, U.S.A. applicable to agreements made and to be performed in the Commonwealth of Massachusetts. You agree that any legal action or proceeding between You and uswatchdogs.net for any purpose concerning this Agreement or the parties’ obligations hereunder will be brought exclusively in a federal or state court of competent jurisdiction sitting in the Commonwealth of Massachusetts.
11.5 Export Control. You may not directly or indirectly transfer the Product, including its documentation, to any country if such transfer would be prohibited by applicable law, including the U.S. Export Administration Act and the regulations issued there under. You agree to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country. You will be solely responsible for identifying and complying with all laws of any jurisdiction outside of the United States regarding the import, export or use of Products and technical data supplied by uswatchdogs.net. You will obtain at your own expense all licenses, permits or approvals required by any government to use the Product.
11.6 U.S. Government Rights. The Product is a commercial item as that term is defined at 48 C.F.R. 2.101, consisting of commercial computer software and commercial computer software documentation as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end users acquire the Product with only those rights set forth in this License.
11.7 Waiver and Modifications. All waivers must be in writing. Any waiver or failure to enforce a provision of this License on one occasion shall not be deemed a waiver of any other provision or such provision on any other occasion. This License may only be amended by a written document signed by both parties.
If you agree to the terms and conditions of this License Agreement, please place a check in the I ACCEPT THE TERMS OF THE LICENSE AGREEMENT box below. This will be the legal equivalent of your signature on a written contract and the terms of this license shall be a legally binding agreement between you and uswatchdogs.net. You must agree to these terms and conditions in order to install and use the Product. If you do not agree with these terms and conditions, you should press the I DO NOT ACCEPT THE TERMS OF THE LICENSE AGREEMENT button below to exit this installation process, as uswatchdogs.net is unwilling to license the Product to you.
12. Taxes. You are responsible to pay any sales or use tax imposed at any time in connection with this Agreement.
13. Links to Third Party Sites. You acknowledge and agree that the uswatchdogs.net Products may be linked to other websites which are not under the control of and are not maintained by uswatchdogs.net. uswatchdogs.net is not responsible for the content of those sites. You agree that uswatchdogs.net provides such links only as a convenience, and the inclusion of any link to such sites does not imply an endorsement of the site(s) by uswatchdogs.net. To the extent You adds links to other websites, You are solely responsible for such links and uswatchdogs.net shall have no responsibility whatsoever for such links.