BY INSTALLING OR USING THIS SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EVALUATION LICENSE AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS EVALUATION LICENSE AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT USING THE SOFTWARE.
2:17 Studios LLC, a New Hampshire Limited Liability Company (“2:17”) grants the individual installing and using this software, and any associated hardware, (collectively, the “Software”) a non-exclusive, non-transferable license to use the Software during the applicable evaluation period. By installing or using the Software you agree to be bound by the terms of this Evaluation License Agreement (the “Agreement”). The license granted hereunder includes a license to use any documentation files accompanying the Software (“Documentation”), provided that all copyright notices are maintained on the Software and Documentation. The Software and Documentation shall be used only by you, only for your internal evaluation purposes only, solely in accordance with its documentation, and subject to any additional restriction set by 2:17 from time to time.
You have no ownership rights in the Software. Rather, you have a license to use the Software as long as this Agreement remains in full force and effect. Ownership of the Software, Documentation and all intellectual property rights therein shall remain at all times with 2:17. Any other use of the Software by any person, business, corporation, government organization or any other entity is strictly forbidden and is a violation of this Agreement.
The Software and Documentation contain material that is protected by United States Copyright Law and trade secret law, and by international treaty provisions. All rights not granted to you herein are expressly reserved by 2:17.
Use of the Software is permitted provided that the terms and conditions of this Agreement are met. Notwithstanding the foregoing, you may not publish, display, loan, transfer, assign or sublicense the Software or any part thereof. Except to the extent 2:17 may, in certain jurisdictions, be required by law to permit reverse engineering, you may not modify, disassemble, decompile or otherwise reverse engineer the Software nor permit any third party to do so. You shall not use Software in the operation of a third party service bureau or business that benefits any other person or entity or in connection with any publically accessible web site.
You acknowledge that the Software contains proprietary trade secrets of 2:17 and you hereby agree to maintain the confidentiality of the Software using at least as great a degree of care as you use to maintain the confidentiality of your own most confidential information. You agree to reasonably communicate the terms and conditions of this Agreement to those persons employed by you, or associated with you, who come into contact with the Software, and to use reasonable best efforts to ensure their compliance with such terms and conditions, including, without limitation, not knowingly permitting such persons to use any portion of the Software for the purpose of deriving the source code of the Software.
ANY USE BY YOU OF THE SOFTWARE IS AT YOUR OWN RISK. THE SOFTWARE IS PROVIDED “AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, 2:17 DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF THIRD PARTY RIGHTS. 2:17 DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR HARDWARE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THE SOFTWARE OR HARDWARE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION, OR THAT ANY DEFECTS OR ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OR EXCLUSION OF IMPLIED WARRANTIES SO THEY MAY NOT APPLY TO YOU.
IN NO EVENT WILL 2:17 BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE OR HARDWARE, OR FOR ANY CLAIM BY ANY OTHER PARTY, EVEN IF 2:17 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 2:17'S AGGREGATE LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE WITH RESPECT TO THE SOFTWARE, HARDWARE AND DOCUMENTATION OR OTHERWISE SHALL NOT EXCEED USD$50.00. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION REPRESENT A REASONABLE ALLOCATION OF THE RISK THAT IS REFLECTED IN THE AMOUNTS PAID BY YOU HEREUNDER. BECAUSE SOME STATES/COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
2:17 MAKES NO REPRESENTATION THAT THE SOFTWARE OR DOCUMENTATION IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES OF AMERICA. SOFTWARE AND DOCUMENTATION OBTAINED FROM THIS SITE ARE FURTHER SUBJECT TO UNITED STATES EXPORT CONTROLS. NO SOFTWARE OR DOCUMENTATION MAY BE PROVIDED OR OTHERWISE EXPORTED OR RE-EXPORTED (1) INTO (OR TO A NATIONAL OR RESIDENT OF) CUBA, IRAN, IRAQ, LIBYA, NORTH KOREA, SUDAN, SYRIA, OR ANY OTHER COUNTRY TO WHICH THE UNITED STATES HAS EMBARGOED GOODS; OR (2) TO ANYONE ON THE U.S. TREASURY DEPARTMENT'S LIST OF SPECIALLY DESIGNATED NATIONALS OR THE U.S. COMMERCE DEPARTMENT'S TABLE OF DENY ORDERS. BY INSTALLING OR USING THE SOFTWARE OR DOCUMENTATION, 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.
This Agreement is effective upon installing or using the Software and shall continue until it is terminated. You may terminate this Agreement at any time by returning to 2:17 all copies of the Software, hardware and Documentation in your possession or under your control. 2:17 may terminate this Agreement for convenience and for any or no reason. Upon notification of termination, you agree to return to 2:17 the hardware and all copies of the Software and Documentation. All provisions relating to confidentiality, proprietary rights, and non-disclosure shall survive the termination of this Agreement.
This Agreement shall be construed, interpreted and governed by the laws of the State of New Hampshire without regard to conflicts of law provisions thereof. The parties expressly disclaim the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. The exclusive forum for any disputes arising out of or relating to this Agreement shall be an appropriate federal or state court sitting in New Hampshire. This Agreement shall constitute the entire Agreement between the parties hereto. Any waiver or modification of this Agreement shall only be effective if it is in writing and signed by both parties hereto. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be interpreted so as to reasonably effect the intention of the parties. This Agreement and the rights granted under it may not be assigned or transferred by either party without the written consent of other party, except to a successor in interest in the event of a merger or acquisition of such party.
If you use this Software, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that 2:17 is not responsible for third party access to your account that results from theft or misappropriation of your account. 2:17 reserves the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Those under 18 may use Software only with permission of a parent or guardian.
You are granted a non-exclusive, non-transferable, revocable license to access and use the Software strictly in accordance with these terms of use. As a condition of your use of the Software, you warrant to 2:17 that you will not use the Software for any purpose that is unlawful or prohibited by these Terms. You may not use the Software in any manner which could damage, disable, overburden, or impair the Software or interfere with any other party's use and enjoyment. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Software.
2:17 does not claim ownership of the materials you provide to the Software (including feedback and suggestions) or post, upload, input or submit to any 2:17 Software or our associated services (collectively “Submissions”). By posting, uploading, inputting, providing or submitting your Submission you are granting 2:17, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. 2:17 is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in 2:17 sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
The Software may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to only use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
2:17 has no obligation to monitor the Communication Services. However, 2:17 reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. 2:17 reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
2:17 reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in 2:17’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. 2:17 does not control or endorse the content, messages or information found in any Communication Service and, therefore, 2:17 specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized 2:17 spokespersons, and their views do not necessarily reflect those of 2:17.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the 2:17 Software accessed in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
2:17 reserves the right, in its sole discretion, to change the Terms under which the Software is offered. The most current version of the Terms will supersede all previous versions. 2:17 encourages you to periodically review the Terms to stay informed of our updates.