Terms of Use

campus42 international llc
Gartengasse 18
CH-4125 Riehen / Switzerland

TERMS OF USE
PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OG USE") CAREFULLY BEFORE USING THE SERVICES OFFERED BY CAMPUS42 INTERNATIONAL LLC ("CAMPUS42"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE VARIOUS WEBSITES OWNED AND OPERATED BY CAMPUS42, INCLUDING, WITHOUT LIMITATION, THE WWW.CAMPUS42.COM, WWW.C42-APPS.COM, WWW.PANDEMIC-LAB.COM and WWW.SLIMFLUENCER.COM WEBSITES AND DOMAIN NAMES ("SITES"), AND ANY OTHER FEATURES, CONTENT, OR APPLICATIONS OFFERED FROM TIME TO TIME BY THE CAMPUS42 IN CONNECTION THEREWITH (COLLECTIVELY "SERVICE"). BY USING THE SITES OR SERVICE IN ANY MANNER, INCLUDING BUT NOT LIMITED TO VISITING OR BROWSING THE SITES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. THIS AGREEMENT APPLIES TO ALL USERS OF THE SITES OR SERVICE, INCLUDING USERS WHO ARE ALSO CONTRIBUTORS OF CONTENT, INFORMATION, AND OTHER MATERIALS OR SERVICES ON THE SITES.

Acceptance of Terms
The service is offered subject to acceptance without modification of all of the terms and conditions contained herein (the "terms of use") and all other operating rules, policies and procedures that may be published from time to time on the sites by campus42. In addition, some services offered through the service may be subject to additional terms and conditions promulgated by campus42 from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these terms of use by this reference.

Modification of terms of use
campus42 reserves the right, at its sole discretion, to modify or replace any of the terms of use, or change, suspend, or discontinue the service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Sites or by sending you an e-mail. campus42 may also impose limits on certain features and services or restrict your access to parts or all of the service without notice or liability. It is your responsibility to check the terms of use periodically for changes. Your continued use of the service following the posting of any changes to the terms of use constitutes acceptance of those changes.

Privacy
campus42 may require registration for the use of content. In this context campus42 may receive and store any information you enter on the website. The types of personal information may include your name, e-mail address, mobile phone number, mailing address, credit card and/or other payment information, IP address, browser information, username, password and any other information necessary for campus42 to provide the services.
campus42 neither rents nor sells received personal information to anyone but may share it as described below:

Affiliated businesses which campus42 does not control: campus42 may become affiliated with a variety of businesses to provide services, or sell products jointly.

Agents: campus42 may employ other companies and people to perform tasks on our behalf and need to share user information with them.

Promotional offers: campus42 may send offers to you on behalf of other businesses. However, when we do so, we do not give the other business your name and address. If you do not wish to receive these offers, please send an e-mail with your request.

Business transfers: in some cases, campus42 may choose to buy or sell assets. In these types of transactions, customer information is typically one of the business assets that are transferred. Moreover, if campus42, or substantially all of its assets were acquired, or in the unlikely event that campus42 goes out of business or enters bankruptcy, customer information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of campus42 may continue to use your personal information as set forth in this policy.

Protection of campus42 and others: campus42 may release personal information when believed in good faith that release is necessary to comply with the law; enforce or apply campus42’s conditions of use and other agreements; or protect the rights, property, or safety of campus42, its employees, users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.

The Website contains links to other sites. campus42 is not responsible for the privacy policies and/or practices on other sites. When linking to another site you should read the privacy policy stated on that site.
campus42 endeavors to protect user information to ensure that user account information is kept private, however, campus42 cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.
For inquiries in regard to the privacy policy, or to report a privacy related problem, please contact us.

Rules and Conduct
As a condition of use, you promise not to use the service for any purpose that is prohibited by the terms of use. The service (including, without limitation, any content, or user submissions (both as defined below)) is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the service. For purposes of the terms of use, the term "content" includes, without limitation, any advertisements, advice, suggestions, videos, audio clips, written forum comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by campus42 or its partners on or through the service.
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the service, that:

infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;

is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;

constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");

involves commercial activities and/or sales without campus42's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;

contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of campus42 or any third party; or

impersonates any person or entity, including any employee or representative of campus42.

Additionally, you shall not: (i) take any action that imposes or may impose (as determined by campus42 in its sole discretion) an unreasonable or disproportionately large load on campus42's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the service or any activities conducted on the service; (iii) bypass any measures campus42 may use to prevent or restrict access to the service (or other accounts, computer systems or networks connected to the service); (iv) run maillist, listserv, any form of auto-responder or "spam" on the service; or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the sites.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the service, except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the service, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
campus42 reserves the right to remove any content from the sites or service at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content or if campus42 is concerned that you may have violated the terms of use), or for no reason at all.

Registration
As a condition to using certain aspects of the service, you may be required to register with campus42 and select a password (account ID). You shall provide campus42 with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the terms of use, which may result in immediate termination of your campus42 account. You shall not (i) select or use as a account ID a name of another person with the intent to impersonate that person; (ii) use as a account ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as account ID a name that is otherwise offensive, vulgar or obscene. campus42 reserves the right to refuse registration of, or cancel an account ID in its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password. You shall never use another user's account without such other user's express permission. You will immediately notify campus42 in writing of any unauthorized use of your account, or other account related security breach of which you are aware.

Fees and Payment
campus42 reserves the right to require payment of fees for certain features of the service. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the sites in connection with such features. campus42 reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by e-mail or posted on the sites. Use of the service by you following such notification constitutes your acceptance of any new or increased charges.

Third Party Sites
The service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the sites. When you access third party websites, you do so at your own risk. These other websites are not under campus42's control, and you acknowledge that campus42 is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by campus42 or any association with its operators. You further acknowledge and agree that campus42 shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

campus42 and Site Content
You agree that the service contains content specifically provided by campus42, its partners or users and that such content may be protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any content accessed through the service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any content or third party submissions or other proprietary rights not owned by you, (i) without the written consent of the respective owners or other valid right, and (ii) in any way that violates any third party right.
You may, to the extent the sites expressly authorize you to do so, download or copy the content, and other items displayed on the sites for download, for personal use only, provided that you maintain all copyright and other notices contained in such content. You shall not store any significant portion of any content in any form. Copying or storing of any content for other than personal, non-commercial use is expressly prohibited without prior written permission from campus42, or from the copyright holder identified in such content's copyright notice.

User Submissions
The service may provide you with the ability to upload, submit, disclose, distribute or otherwise post (hereafter, "posting") content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, works of authorship or other information to the services ("user submissions"). By posting User Submissions on or at any of the Sites or otherwise through the service, you:

By submitting the user submissions to campus42, or displaying, publishing, or otherwise posting any content on or through the Sites or the service, you hereby do and shall grant campus42 a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the sites, the service and campus42's (and its successors and assigns) business, including without limitation for promoting and redistributing part or all of the sites (and derivative works thereof) or the service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each user of the sites and/or the service a non-exclusive license to access your user submissions through the sites and the service, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such user submissions as permitted through the functionality of the Sites and the service and under these terms of use. For clarity, the foregoing license grant to campus42 does not affect your other ownership or license rights in your user submission(s), including the right to grant additional licenses to the material in your user submission(s), unless otherwise agreed in writing;

represent and warrant that you own or otherwise control all rights to such user submissions and that disclosure and use of such user submissions by campus42 (including without limitation, publishing content on or at the Sites) will not infringe or violate the rights of any third party; and

understand that campus42 shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Sites is the sole responsibility of the person from which such content originated and that campus42 will not be liable for any errors or omissions in any content; and that campus42 cannot guarantee the identity of any other users with whom you may interact in the course of using the service.
campus42 does not endorse and has no control over any user submission. campus42 cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the service is at your own risk and you will be solely responsible for any damage or loss to any party resulting there from.

campus42 has no obligation to monitor the site, service, content, or user submissions. campus42 may remove any user submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such user submission), or for no reason at all.
Under no circumstances will campus42 be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred in connection with use of or exposure to any content posted, e-mailed, accessed, transmitted or otherwise made available via the service.

Termination
campus42 may terminate your access to all or any part of the service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your account, you may do so by following the instructions on the Sites. Any fees paid hereunder are non-refundable. All provisions of the terms of use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Warranty Disclaimer
campus42 has no special relationship with or fiduciary duty to you. You acknowledge that campus42 has no control over, and no duty to take any action regarding: which users gains access to the website; what content you access via the website; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release campus42 from all liability for you having acquired or not acquired content through the Sites. The sites may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. campus42 makes no representations concerning any content contained in or accessed through the sites, and campus42 will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the sites.

THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. CAMPUS42, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE service IS SOLELY AT YOUR OWN RISK.
CAMPUS42 MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SITES OR ANY WEBSITE LINKED TO THE SITES.

campus42 will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other content stored on campus42's equipment, transmitted over networks accessed by the sites, or otherwise connected with your use of the service.

Indemnification
You shall defend, indemnify, and hold harmless campus42, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to (i) your use or misuse of, or access to, the sites, service, content or otherwise from your user submissions, (ii) your violation of the terms of use, or (iii) infringement by you of any intellectual property or other right of any person or entity. campus42 reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with campus42 in asserting any available defenses.

General Content Disclaimer
The content provided by or through the service is for entertainment purposes only, and should not be relied upon. campus42 makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of such content. No content is intended to substitute for personal advice from a qualified professional. When applicable, always seek the advice of a qualified professional, and never disregard professional advice or delay in seeking it because of any content.
By using the service, you agree that campus42 shall not be responsible for (1) any Content, (2) any person's reliance on any such content, whether or not correct, current and complete, or (3) the consequences of any action that you or any other person takes or fails to take based on any content or otherwise as a result of your use of the service.

Limitation of Liability
IN NO EVENT SHALL CAMPUS42, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR YOUR RELIANCE ON THE SERVICE OR (IV) FOR ANY DIRECT OR INDIRECT DAMAGES.

Dispute Resolution
The terms of use shall be governed by and construed in accordance with the laws of the Canton of Basel, Switzerland. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Basel, Switzerland.

Integration and Severability
The terms of use are the entire agreement between you and campus42 with respect to the service and use of the sites, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and campus42 with respect to the sites. If any provision of the terms of use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the terms of use will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Miscellaneous
campus42 shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond campus42's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. The terms of use are personal to you, and are not assignable, transferable or sublicensable by you except with campus42's prior written consent. campus42 may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the terms of use and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the terms of use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the terms of use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

 

LICENSED APPLICATION END USER LICENSE AGREEMENT

The Products transacted through the Service are licensed, not sold, to You for use only under the terms of this license, unless a Product 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. The licensor (“Application Provider”) reserves all rights not expressly granted to You. The Product that is subject to this license is referred to in this license as the “Licensed Application.”

a. Scope of License: This license granted to You for the Licensed Application by Application Provider is limited to a non-transferable license to use the Licensed Application on any iPhone or iPod touch that You own or control and as permitted by the Usage Rules set forth in Section 9.b. of the App Store Terms and Conditions (the “Usage Rules”). This license does not allow You to use the Licensed Application on any iPod touch or iPhone that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as 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 Licensed Application, 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 Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.

b. Consent to Use of Data: You agree that Application Provider may collect and use technical data and related information, including but not limited to technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to You (if any) related to the Licensed Application. Application Provider may use this information, as long as it is in a form that does not personally identify You, to improve its products or to provide services or technologies to You.

c. Termination. The license is effective until terminated by You or Application Provider. Your rights under this license will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

d. Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service.

You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.

Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites. By using the Services, You acknowledge and agree that the Application Provider is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites. The Application Provider does not warrant or endorse and does not assume and will not have any liability or responsibility to You or any other person for any third-party Services, Third Party Materials or web sites, or for any other materials, products, or services of third parties. Third Party Materials and links to other web sites are provided solely as a convenience to You. Financial information displayed by any Services is for general informational purposes only and is not intended to be relied upon as investment advice. Before executing any securities transaction based upon information obtained through the Services, You should consult with a financial professional. Location data provided by any Services is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Application Provider, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of stock information or location data displayed by any Services.

You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. 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.

In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the iPhone or iPod touch are not available in all languages or in all countries. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.

e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION 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 LICENSED APPLICATION ("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. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. 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.

f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL 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 COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER 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 of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.

h. The Licensed Application and related documentation are "Commercial Items", 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 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

i. The laws of the State of California, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.