iUser: End User License Agreement
READ THE TERMS OF THIS AGREEMENT
AND ANY PROVIDED SUPPLEMENTAL LICENSE TERMS (COLLECTIVELY
"AGREEMENT") CAREFULLY BEFORE OPENING THE SOFTWARE MEDIA PACKAGE.
BY OPENING THE SOFTWARE MEDIA PACKAGE OR UTILIZING OUR SERVICES, YOU AGREE TO THE TERMS OF THIS
AGREEMENT.
1. LICENSE TO USE
IntensivePoint grants you a non-exclusive and non-transferable license
for the use of the accompanying software and documentation and any error
corrections provided by IntensivePoint (collectively "Software"),
for one internet website domain. You agree to defend and indemnify IntensivePoint
and its licensors from and against any damages, costs, liabilities,
settlement amounts and/or expenses (including attorneys' fees) incurred in
connection with any claim, lawsuit or action by any third party that arises
or results from the use or distribution of any and all Programs and/or
Software.
2. RESTRICTIONS
Software is confidential and copyrighted. Title to Software and all
associated intellectual property rights is retained by IntensivePoint and/or its licensors.
IntensivePoint disclaims any express or implied
warranty of fitness for such uses. No right, title or interest in or to any
trademark, service mark, logo or trade name of IntensivePoint or its
licensors is granted under this Agreement. Unless you purchase an upgrade
license, which provides you with periodic upgrades, you will not be entitled
to any upgrades in the software. The terms and conditions of this Agreement
will be applied to any and all upgrades.
3. INDEMNIFICATION
You agree to defend, indemnify and hold harmless IntensivePoint against any and all claims, losses, penalties, causes of action, damages, liability, costs, expenses (including but not limited to reasonable attorneys' fees) or claims caused by or resulting indirectly from your use of the
software/service, without limitation or exception, including your violation of any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with IntensivePoint .
4. REMEDY
You agree that your sole and exclusive remedy to any issues relating to the IntensivePoint Service is to discontinue using the
software/service.
5. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE SOFTWARE/SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IntensivePoint EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT
SOFTWARE/SERVICES PROVIDED WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY IntensivePoint, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL IntensivePoint, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE
SOFTWARE/SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE IIntensivePoint SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO IntensivePoint RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT IntensivePoint IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL SERVICES AVAILABLE FROM IntensivePoint AND ITS AFFILIATES.
UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT, SHALL DAMAGES INCLUDE LOSS OF BUSINESS, OR LOSS OF PROFITS WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE.
THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.
6. TERMINATION
This Agreement is effective until terminated. You may terminate this
Agreement at any time by destroying all copies of Software. This Agreement
will terminate immediately without notice from IntensivePoint if you fail
to comply with any provision of this Agreement. Upon Termination, you must
destroy all copies of Software.
7. SOURCE CODE
Any Distribution, Resell, Publishing of the source code is Strictly
Prohibited. All Image, Music, and Animation File used in the source code
cannot be re-distributed separately in any other format.
8. TERMINATION FOR INFRINGEMENT
Either party may terminate this Agreement immediately should any
Software become, or in either party's opinion be likely to become, the
subject of a claim of infringement of any intellectual property right.
9. GOVERNING LAW. Any action related to this Agreement will be
governed by Michigan law. No choice of law rules of any jurisdiction will
apply.
10. SEVERABILITY If any provision of
this Agreement is held to be unenforceable, this Agreement will remain in
effect with the provision omitted, unless omission would frustrate the
intent of the parties, in which case this Agreement will immediately
terminate.
11. INTEGRATION
This Agreement is the entire agreement between you and IntensivePoint relating to its subject matter. It supersedes all prior or contemporaneous
oral or written communications, proposals, representations and warranties
and prevails over any conflicting or additional terms of any quote, order,
acknowledgment, or other communication between the parties relating to its
subject matter during the term of this Agreement. No modification of this
Agreement will be binding, unless in writing and signed by an authorized
representative of each party.
12. INSTALLATION
The Disclaimer of Warranties/Limitation of Liability section apply to any and all installation services purchased.
13. REFUND POLICY
All payments are non-refundable
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