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Terms and Conditions of Use
Terms & Conditions
Licensee’s (“You” and “Your”) use of “Rate Your Mate™” (“Software”) is licensed, not sold, to You for use only under the terms of this license, unless Software is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. Parker, Coykendall, and Plymouth State University (“Licensor”) reserves all rights not expressly granted to You. Acceptance: You accept and agree to be bound by all the terms of this agreement by selecting the “Accept” option and beginning to use the Software. If you do not agree to all the terms of this agreement then you must select “Decline” now. Scope of License: Your license to use Software is a non-exclusive right to use, subject to termination. You agree that the Software contains Licensor’s proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, trade secret, and trademark, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Software. You may not rent, lease, lend, sell, redistribute or sublicense the Software. You may not copy (except as may be expressly permitted by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Software, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Licensor. The terms of this license will govern any upgrades provided by Licensor that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services. Modification: Licensor may modify or discontinue the Software, or any portions or features thereof, at any time without liability to you or anyone else. However, Licensor will make reasonable effort to notify You before we make the change. Consent to Use of Data: You agree that Licensor may collect and use data and related information, including but not limited to technical and non-technical information about Your use of the Software and data about You which the Software collects through normal use. Licensor may use this information, as long as it is in a form that does not personally identify You, to improve its products, or to conduct research. Licensor will take commercially accepted best practices to protect the privacy of your personal information that the Software and Licensor collects. You have no obligation to provide Licensor with ideas, suggestions, or proposals (“Feedback”). However, if You submit Feedback to us, then You grant Licensor an exclusive, worldwide, royalty-free license that is sub-licensable and transferrable, to use, reproduce, publicly display, distribute, modify, and publicly perform the Feedback. Termination. The license is effective until terminated by You or Licensor. Your rights under this license will terminate automatically without notice from the Licensor if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Software. NO WARRANTY: YOU EXPRESSLY AND IMPLIEDLY ACKNOWLEDGE AND AGREE THAT USE OF THE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE SOFTWARE ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LICENSOR DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OF THE SOFTWARE, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE SOFTWARE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE OR DISCONTINUE, YOU ASSUME THE ENTIRE RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. Limitation of Liability. TO THE EXTENT PERMITTED AND ALLOWED BY LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR DAMAGES OR INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’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 Licensor to license the Software. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. Choice of Law: The laws of the State of New Hampshire govern this license and your use of the Software. By using the Software You expressly and impliedly agree and assent to all disputes resulting from Your use of the Software being heard and tried in New Hampshire, and You agree to the personal jurisdiction and venue of the State of New Hampshire. Your use of the Licensed Application may also be subject to other local, state, national, or international laws. Survival: Upon expiration or termination of Your license to use Software, Licensor’s warranty disclaimers, limitations of liabilities, and dispute resolution provisions stated in these terms will survive. Upon the expiration or termination of the Services, some or all of the Software may cease to operate without prior notice.
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Terms & Conditions of Use
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