END-USER LICENSE AGREEMENT
Last Updated March 4, 2011.
1. GRANT OF LICENSE. This License Agreement permits you to download and use one copy of the selected version of the Software (including all images, photographs, animation’s, “applets”, video, audio, music, text, and user documentation incorporated therein) solely for purposes of enabling and using features and services offered by CI. You may not make additional copies of the Software. The Software is licensed for personal, non commercial use only, and you may not separate its component parts. The Software may be in use on only one device and by only one user at any time. The Software is “in use” on a device when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM, or other storage device) of that device. The Software is not authorized for installation on a network server and you may not make the functionality of the Software available to multiple users through any means, including, but not limited to, by uploading the Software to a network or file-sharing service or through any hosting, application services provider, service bureau, software-as-a-service (SaaS) or any other type of service. You may not decompile, reverse engineer, disassemble, translate, make any attempt to discover the source code of the Software, or otherwise reduce the Software to a human perceivable form, or modify, alter, network, or create derivative works based upon the Software or the documentation in whole or in part, nor permit any other party to do so. You may not transfer, sublicense, lease, lend, rent or otherwise distribute the Software to any third party. The Software contains certain authentication and print control technologies that will be installed when you install the Software, and You agree to not interfere with or circumvent such residual technologies, nor engage or allow any entity or person to do so.
2. INTELLECTUAL PROPERTY. The Software, and all components thereof, are licensed, not sold, to you by CI for use only under the terms of this License Agreement, and CI reserves all rights not expressly granted to you by this License Agreement, The rights granted to you in the Software by this License Agreement do not include any other intellectual property rights of CI or its licensors. All right, title and interest in and to the Software including all intellectual property rights embodied therein and thereto will remain exclusively with CI and its licensors and is protected by copyright and other intellectual property laws and international treaties. As the Software contains copyrighted material, trade secrets, and other proprietary material of CI and/or its licensors, you must treat the Software like any other copyrighted material (e.g., a book or musical recording) except that you may make one copy of the Software solely for backup or archival purposes. Notwithstanding ownership of the media on which the Software resides, CI and its licensors shall retain sole and exclusive ownership of the Software itself and all copies thereof.
3. UPGRADES. If CI makes any upgrades or updates to the Software (“Upgrades”) available to you, such Upgrades shall be governed by this License Agreement, unless accompanied by a separate license agreement, in which case the terms and conditions of that license agreement will govern your use of such Upgrade.
4. COMPLIANCE WITH LAWS. The Software is intended for use only in the United States and other territories as designated by CI. You agree that the Software will not be shipped, transferred or exported into any country, or used in any manner prohibited by the United States Export Administration Act, or any other laws, rules, regulations or restrictions. You may not export or re-export the Software into (or to a national or resident of) any U.S. embargoed country or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons and Entity lists. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
5. DISCLAIMER OF WARRANTIES. THE SOFTWARE AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” BASIS. CI AND ITS LICENSORS AND SUPPLIERS (COLLECTIVELY REFERED TO AS “CI” FOR PURPOSES OF SECTIONS 5 AND 6 HEREIN) HEREBY DISCLAIM ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES WITH RESPECT TO THE SOFTWARE AND RELATED SERVICES PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, ACCURACY, RELIABILITY, OR ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. FURTHER, CI PROVIDES NO WARRANTY THAT THE SOFTWARE OR RELATED SERVICES WILL OPERATE OR BE COMPATIBLE WITH ANY THIRD PARTY HARDWARE OR SOFTWARE (INCLUDING, BUT NOT LIMITED TO, ANY BROWSER PRODUCTS OR BROWSER VERSIONS), AND CI PROVIDES NO GUARANTEE WITH RESPECT TO THE QUALITY OR ACCURACY OF BARCODE RENDERING OR ACCEPTANCE OF ANY OFFER OR COUPON PRINTED USING THE SOFTWARE. FURTHER, CI PROVIDES NO WARRANTY THAT THE SOFTWARE OR RELATED SERVICES WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION. YOU MAY HAVE CERTAIN OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE IN THE UNITED STATES.
6. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CI BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF INFORMATION AND/OR DATA, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS LICENSE AGREEMENT OR THE USE OR INABILITY TO USE THIS SOFTWARE, OR THE OFFER OR COUPON, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE), EVEN IF CI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION SHALL APPLY TO FULLEST EXTENT PERMITTED BY LAW.
7. TERMINATION. The License Agreement is effective until terminated. You may terminate this License Agreement at any time by destroying all copies of the Software and its documentation. This License Agreement will terminate immediately without notice from CI if you fail to comply with any provision of this License Agreement. Upon termination, you must destroy all copies of the Software and its documentation and cease and desist from any further use of the Software.
8. CONTROLLING LAW & SEVERABILITY This License Agreement is governed by the laws of the State of California, United States, as applied to agreements entered into and to be performed entirely within California between California residents. All disputes relating to this License Agreement shall be maintained in the State or Federal courts located in the county of Santa Clara, California, and you hereby waive any objections or exceptions to such court’s exercise of personal jurisdiction over you solely for the purpose of adjudicating disputes arising out of this License Agreement. This License Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
If any provision of this License Agreement is held to be unenforceable or invalid, that provision will be enforced to the maximum extent possible, and the other provisions will remain in full force and effect.
© 2011 Coupons.com Incorporated. All rights reserved.