User License Agreement
USER LICENSE AGREEMENT
ATTENTION: THE SOFTWARE PROVIDED UNDER THIS AGREEMENT (THE “SOFTWARE”) IS LICENSED TO YOU BY 360PI CORPORATION (“360PI”), NOT SOLD. THE SOFTWARE AND ANY RELATED SERVICES PROVIDED BY 360PI IN CONNECTION WITH THE SOFTWARE (THE “SERVICES”) ARE PROVIDED UNDER THE FOLLOWING AGREEMENT THAT SPECIFIES WHAT YOU MAY DO WITH THE SOFTWARE AND CONTAINS IMPORTANT LIMITATIONS ON REPRESENTATIONS, WARRANTIES, CONDITIONS, REMEDIES, AND LIABILITIES. BEFORE USING THIS SOFTWARE AND THE SERVICES, PLEASE CAREFULLY READ THIS ENTIRE AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SOFTWARE. IF YOU USE THE SOFTWARE OR ACCESS THE SERVICES, YOU WILL BE ACCEPTING THIS AGREEMENT, AND YOU WILL HAVE ACCEPTED AND AGREED TO THESE TERMS AND CONDITIONS WHICH FORM A LEGAL AGREEMENT BETWEEN YOU (“YOU’) AND 360PI AND ITS SUCCESSORS AND ASSIGNS. THE SOFTWARE IS ALSO PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS. IF YOU ARE AN AGENT OR EMPLOYEE OF ANOTHER ENTITY, YOU REPRESENT AND WARRANT THAT (I) THE INDIVIDUAL ACCEPTING THIS AGREEMENT IS DULY AUTHORIZED TO ACCEPT THIS AGREEMENT ON SUCH ENTITY’S BEHALF AND TO BIND SUCH ENTITY, AND (II) SUCH ENTITY HAS FULL POWER, CORPORATE OR OTHERWISE, TO ENTER INTO THIS AGREEMENT AND PERFORM ITS OBLIGATIONS HEREUNDER.
TERMS AND CONDITIONS
1. LICENSE GRANT AND RESTRICTIONS.
You acquire absolutely no rights or licenses to the Services or the Software other than the limited right to use the Services and the Software in accordance with the terms and conditions of this Agreement. All other use is strictly prohibited.
2. PREMIUM CONTENT SERVICE PLANS.
In the event that 360pi offers Premium Content (as may be defined on the 360pi website), you may subscribe to such content in accordance with the conditions outlined for such plan. Separate terms and conditions of use provided by 360pi may apply to Premium Content.
3. CONFORMANCE WITH LAW.
You agree to use the Services and the Software for lawful purposes only and in a manner consistent with all applicable local, provincial, state, national or international laws, rules and regulations.
The Software embodies confidential information and valuable trade secrets of 360pi and its licensors. You agree to maintain the confidentiality of all confidential and proprietary information of 360pi and its business, including the Software, and not to release, disclose or divulge any such or proprietary confidential information. You will take all reasonable steps to ensure that confidential or proprietary information of 360pi and its business is not disclosed or distributed in violation of the terms of this Agreement.
5. PRIVACY & SECURITY.
6. COPYRIGHT AND TRADEMARKS.
The Services and the Software are proprietary to 360pi and its licensors. The Software is protected by copyright and other intellectual property laws. All right, title and interest, including all copyright and other intellectual property rights, in and to the Services, the Software, and any copies of the Software are owned by 360pi or its licensors. All rights not expressly granted in this Agreement are reserved to 360pi. Nothing in this Agreement shall be construed as a license to use any trademark, trade-name, design mark, logo, emblem or other distinctive mark, whether registered or not, of 360pi, its licensors or other third parties (collectively, the "Marks") and you acknowledge that you acquire no right, title or interest in or to any of the Marks and you shall not in any manner represent that you have any ownership interest in the Marks or dispute or contest for any reason whatsoever, directly or indirectly, the validity of the ownership of the Marks, nor directly or indirectly attempt to dilute the value of the goodwill attached to the Marks, nor counsel anyone to do any of the foregoing during or after the termination of this Agreement. You will not remove or change any trademark, copyright or other intellectual property notices contained in the Software or any component of the Software.
7. DISCLAIMER AND LIMITATION OF LIABILITY.
8. TERM AND TERMINATION.
This Agreement continues in full force and effect until terminated, as provided below, and is effective from the earlier of the date you: (i) click to indicate that you accept these terms; and (ii) use the Services or install, copy or use the Software. This Agreement will terminate immediately if you fail to comply with any term or condition of this Agreement. In addition, at any time in its sole discretion, 360pi shall have the right to terminate any service plan that it then currently offers, or any User’s access to content under any of such plans. Termination of this Agreement will not prevent 360pi from pursuing any other remedies available to it, including injunctive relief. Upon termination you agree to destroy all copies of the Software and related documentation.
9. EXPORT RESTRICTIONS.
In additions to the restrictions set out in Section 1(b) of this agreement, you agree that you will not, directly or indirectly, export or transmit or permit the export or transmission of the Software or related documentation and technical data to any country to which such export or transmission is restricted by any applicable law or regulation. You agree to indemnify, defend and hold harmless 360pi, its officers, directors and employees, from and against any losses, damages and expenses (including lawyers' fees) arising out of or relating to any claims that you or your Users have, directly or indirectly, exported or transmitted the Software in violation of any applicable export restrictions.
10. U.S. GOVERNMENT RESTRICTED RIGHTS.
The Software and documentation are provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software-Restricted Rights at 48 CFR 52.227-19. Manufacturer is 360pi Corporation.
Last Updated: March 10, 2016
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