PLEASE READ THE TERMS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE USING ANY PAPERTRELL SOFTWARE, TECHNOLOGY, APPS OR OTHER PRODUCTS AND/OR SERVICES FROM THE PAPERTRELL WEB SITE. By using any such products or services provided by Trellisys.net Pvt. Ltd., the owner and operator of Papertrell, you, as a customer and licensee of Papertrell, (hereinafter “Customer”) signify your assent to these terms. If you do not agree to this Customer License Agreement, please do not use the Papertrell Software, Technology, Apps, and Related Resources.
By accessing and utilizing the Papertrell Web site, software, technology, apps and all related materials and services, Customer accepts, without limitation or qualification, the terms and conditions set forth below and acknowledge that any other agreements between you and Papertrell are superseded and of no force or effect:
“Agreement” shall mean this Customer License Agreement, as well as the Papertrell Website Terms and Conditions, the terms of which are incorporated herein by this reference.
“Papertrell Platform and Service and Related Resources” means Papertrell’s proprietary platform, digital publishing and e-commerce technology, tools and services which allows customers to import, develop, enhance, deploy, publish, distribute, license, create subscription and sell specified Customer owned content storefronts and apps; The Papertrell Platform and Service shall also include any and all new versions of the Papertrell Platform and Service that Papertrell may release and make available to Customers in the future, as well as any updates, improvements, additions to and/or modifications that Papertrell may release in the future.
“Customer Storefront & Products” shall mean a customer owned storefront developed on the Papertrell platform. A product can be a readable, audible, viewable content or a combination of various components available on the Customer Storefront(s) for a price or for free.
“Term” shall mean the time period that a customer is using any specific Papertrell Platform and Service and may remain available to Customer as specified by Papertrell or, if no expiration date or term is specified by Papertrell, Term shall be as defined in while signing up
“End User Notices” shall mean the end user notices which all end users view on viewing the storefront or installation of the Products in accordance with the terms of this Agreement. The customer agrees to add such other terms as they may reasonably require.
“License Fee” means the yearly price paid per account to distribute the storefront and products, content and all related services as may be provided by Papertrell to ensure the continuity/availability of the product and storefronts on the web and in the app stores as supported by Papertrell as specified in Schedule 3
“Library” means the section on the storefront designated to store purchased or downloaded products
“App setup fee” means the one-time price to setup an iOS and Android app that on the app stores supported by Papertrell as specified in schedule 3
“Territory” shall mean the world or as specified by the customer on the Papertrell Platform.
2. LICENCE OF RIGHTS
2.1 In consideration of the mutual obligations and undertakings contained herein, the Customer hereby grants to Papertrell, during the terms, a non-exclusive licence to incorporate the Products to the Customer Storefront(s) for sale or for free download or access in the Territory.
2.3 In addition to the licence granted by the Customer to Papertrell pursuant to Clause 2.1, Papertrell grants to the CUSTOMER, during the terms, a non-exclusive licence to use the Papertrell Platform and Services for sale or download/access of the Products in the territory.
3. WARRANTIES AND OBLIGATIONS
3.1 Each party warrants to the other party that it has full power and authority and unencumbered right to grant all the rights specified under this Agreement and is not bound by any previous agreement which would adversely affect the rights granted by one party to the other.
3.2 The Customer shall make all end users of the Customer Storefront(s) & Products aware of the terms of their use of the Customer Storefront(s) & Products in the End User Notice which shall be visible on installation of the Products and accessible during use of the Customer Storefront(s) & Products.
3.3 Papertrell shall incorporate security and encryption to a standard commensurate with equivalent standards in the industry within the Customer Storefront(s) & Products to restrict end users from copying, distributing, separating or decompiling the Works or the Products and to restrict the Products being transferred between users or mobile phone devices or other devices, and to prevent end users from using the Work and/or Products other than in accordance with the terms of the End User Notice.
3.4 The Customer agrees that Papertrell is exempt from liability for any loss, damage, injury or other consequence arising directly or indirectly from any services provided by Papertrell under this agreement. If it is determined that Papertrell is directly or indirectly responsible for any such loss, damage, injury or other consequence, you agree that damages shall be limited to the greater of $500 or 10% of the annual service charge you pay under this contract. These agreed upon damages are your sole remedy no matter how the loss, damage, injury or other consequence is caused, even if caused by the negligence of Papertrell.
3.5 PAPERTRELL shall not exploit the Customer Storefront(s) or Products in any way which may prejudice the goodwill or reputation of the Customer.
4. WARRANTY AND INDEMNITY
4.1 Each party shall indemnify and hold harmless the other against any and all liability, suits, claims, losses, damages and judgements, and shall pay all costs (including reasonable legal fees) and damages to the extent of such liability, costs or damages arising from any breach of the terms, conditions or warranties in this Agreement provided that in the event of an action, claim, dispute, writ or proceedings arising out of the performance of this Agreement each party agrees to provide full details to the other party at the earliest opportunity and shall not settle any such claim or make any admission thereto without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed.
4.2 Papertrell hereby warrants and undertakes to the Customer that Papertrell shall:
4.2.1 use all reasonable endeavours to ensure that all Customer Storefront(s) & Products are fully functioning at launch and thereafter shall correct any reported technical problems preventing satisfactory user experience.
4.3 The Customer warrants that:
4.3.1 the Customer is the legal and beneficial licensee of all rights in the Products;
.3.2 the rights granted by the Customer under this agreement are free from any security interest, option, lien or charge;
4.3.3 the exploitation of the rights granted by this agreement have not, and will not infringe the rights of any third party;
4.3.4 the customer will not utilize, or allow others to utilize, the Papertrell Technology and Service and Related Resources for any illegal purpose or that will violate any laws, regulations, and/or other rules in any jurisdiction in which Customer chooses to market the Customer Storefront(s) & Products;
4.3.5 the products contain nothing which is defamatory or obscene or unlawful in any other way.
4.3.6 The Customer shall be responsible for setting the pricing, discounts, subscription charges or any other commercial aspects supported by the Papertrell Platform or otherwise as set in the Customer Storefront(s) & Products.
4.3.7 The customer shall be responsible for refunds and policies regarding refunds for all commercial transactions set in the Customer Storefront(s) & Products.
4.3.8 All web-based payments will be powered by the Customer’s Stripe account or any other 3rd party payment provider as specified in schedule 3 and shall be subjected to the 2.9% + $0.30 Stripe merchant processing fee or any other fees as determined by the Customer’s 3rd party payment provider.
4.3.9 Papertrell has NO obligation to provide refunds or credits to end users, especially in digital products already downloaded, but may grant them in some circumstances to correct any errors made by Papertrell or a customer or where the Product violates this Terms of Service. In each case it is in Papertrell’s sole discretion, or at the direction of a Customer/Partner storefront’s refund policy published through the Platform. In cases where refunds are applicable, the refunds will be processed in 3-7 working days.
4.3.10 If you, as a buyer/end user, initiate a refund request and concurrently engage in a dispute resolution with your payment provider for the same transaction, we will not process your refund request. This action does not interfere with your dispute process with the payment provider. You are also agreeing not to request a refund from us for any product if you have already started a dispute resolution with your payment method provider for that purchase.
4.3.11 All apps will be submitted to the Customer’s own Apple iTunes account or Google Play Store account or any other app store as supported by Papertrell. The Customer will provide all necessary and prompt access to Papertrell to the app store accounts to setup and deploy the apps as and when required.
4.4 If at any time Papertrell in its reasonable opinion consider that the Customer is in breach of any of the warranties in clause 4.3. above it may immediately, without notice to the Customer, cease access of the Customer Storefront(s) & Products, in addition to any other remedies or actions it may have against the Customer.
4.5 The provisions of this clause 4 shall survive termination of this Agreement.
5. SERVICE LEVELS
5.1 Papertrell will use commercially reasonable efforts to make the Papertrell platform and service available at least 99% uptime.
5.2 Papertrell guarantees a response to a customer’s email within 12 hours of the email arriving in its inbox during workdays Monday through Friday and a 24 hour response time during weekends and holidays.
5.3 The Service Commitment does not apply to any unavailability, suspension or termination of the Papertrell platform and service; (i) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems (ii) that result from any actions or inactions of you or any third party (iii) downtimes that result from any scheduled maintenance. If availability is impacted by factors other than those specified, then we may issue a Service Credit considering such factors at our discretion.
Notwithstanding anything else in the Agreement, Papertrell retain (a) all title to, and, except as expressly and unambiguously licensed herein, all rights to the Papertrell Platform and Service and Related Resources, all copies and derivative works thereof (by whomever produced) and all related documentation and materials, (b) all of their service marks, trademarks, trade names or any other designations and (c) all copyrights, patent rights, trade secret rights and other proprietary rights worldwide in the Papertrell Technology and Service and Related Resources. Any efforts by Customer to copy, modify, distribute, transmit, display, broadcast, publicly perform, sell, sublicense, or create derivative works based upon any such works is strictly prohibited. Likewise, subject to Papertrell’s rights in the Papertrell Platform and Service and Related Resources as set forth herein, Customer shall own the copyright and all other intellectual property rights to the Customer Storefront(s) & Products.
6. TRADEMARK & COPYRIGHT
6.1 Each party owns trademarks for their respective products and/or services, including, but not limited to the Customer Storefront(s) & Products and the Papertrell Platform and Service and Related Resources. Such trademarks shall include, without limitation, all names, logos, designs and other designations or brands (collectively, “Marks”) used by each party in connection with their products and/or services.
6.2 Both parties agree that the copyright (including all extensions, renewals or revivals thereof) in the Products belongs solely and exclusively to the Customer and all right, title and interest in and to the Products and any and all versions thereof shall be deemed to belong solely and exclusively to the Customer.
6.3 Both parties agree that the copyright and all other rights in and to the original source codes and software created by Papertrell for the Papertrell Platform and Service and Related Resources belongs to Papertrell and any and all versions thereof shall be deemed to belong to Papertrell during the Term and after termination of this Agreement.
7. TERM AND TERMINATION
7.1 This Agreement shall commence on the Date the customer signs up on the Papertrell Platform and shall continue for the Term unless terminated in accordance with Clauses 7.2 and/or 7.3 below and shall remain in force for the time period or until the expiration date as specified by Papertrell or, if no such expiration date or time period is specified by Papertrell, until terminated or cancelled by the Customer.
7.2 Either party shall have the right at any time by giving notice to the other party to terminate this Agreement on the happening of any of the following events:
(a) if either party breaches any of the material terms of this Agreement, and fails within one month of being requested to do so to remedy such a breach if capable of being remedied;
(b) if either party becomes insolvent or enters into arrangements with its creditors or takes or suffers any similar action in consequence of debt; and
(c) if a receiver, administrator or administrative receiver is appointed over the whole or a substantial part of either party’s assets other than for the purposes of reconstruction.
7.3 Papertrell, in its sole discretion, also reserves the right to suspend or terminate Customer’s account and refuse any and all current or future use of Papertrell Platform and Service and Related Resources, for any reason at any time. Such termination of the Papertrell Platform and Service and Related Resources result in the deactivation or deletion of Customer’s account and/or Customer’s access to that account and/or Customer Storefront(s) & Products, and the forfeiture and relinquishment of all Customer Storefront(s) & Products maintained by Papertrell as part of Customer’s account and/or as part of Customer’s use of the Papertrell Platform and Service and Related Resources. Papertrell reserves the right to refuse service to anyone for any reason at any time.
7.4 Upon the expiration or termination of this Agreement: (a) all of Customer’s rights hereunder shall terminate and Customer shall immediately cease all use of the Papertrell Platform and Service and Related Resources; (b) all unpaid amounts due as of the expiration or termination date shall immediately become due and payable; (c) within fifteen (15) days of the expiration or termination date Customer shall, at its own expense, and at Papertrell’s sole option, either return all copies of the Papertrell Platform and Service and Related Resources in its possession or control, or, shall destroy all copies of the Papertrell Platform and Service and Related Resources in its possession or control.
Each party together with its employees, consultants and agents agrees to keep the terms of this Agreement and all technical, business and other information obtained in connection with this Agreement in strict confidence and shall not disclose or divulge such information to any third party other than as may be required by law, court order or any governmental or regulatory authority.
9. USER DATA
9.1 The parties acknowledge that user data will be collected as a result of use of the Customer Storefront(s) & Products and that users may create content as part of or as a result of using the Products.
9.2 Access to user data (including email addresses) and user content created as a result of the Customer Storefront(s) & Products shall be made available to the Customer on Papertrell until termination of this agreement. The parties agree to comply with all applicable privacy and data protection legislation anywhere in the world in relation to the use and processing of such personal data.
10. FAIR USAGE POLICY
10.1 Customer acknowledges and agrees that each Customer account will be limited to 30GB of Storage and 1.5 TB of data transfer per month and that any excessive use of bandwidth, as Papertrell may determine in its sole discretion, may result in additional charges for Customer Storefront(s) & Products in Papertrell’s sole discretion, exercised reasonably and in good faith. Papertrell shall be entitled to bill any extra charges to Customer in Customer’s next billing cycle as provided herein.
11. FEES & PAYMENTS
11.1 Customer agrees to pay Papertrell the License fee and other charges (collectively “Fees”) as set forth in Schedule. All fees shall be due in advance of the term covered (annually and/or monthly) and Papertrell shall have the right to terminate this Agreement and the License Grant for which payment is not received immediately should Customer fail to pay such fees in a timely manner.
11.2 All fees and charges incurred in connection with Customer’s account will be billed to the credit, debit or other payment card designated during the sign up process and/or subsequently designated by Customer. Customer may change their card details in the “Account Settings” after logging on to the Papertrell Web site. Customer grants Papertrell permission to debit Customer’s account for the amount indicated on or after the indicated dates.
11.3 All annual, monthly, or other plans will continue and renew automatically as Papertrell may specify, unless properly cancelled. Customer on an annual or monthly subscription is solely responsible for properly cancelling the Customer’s account by emailing Papertrell at firstname.lastname@example.org or such other email as Papertrell may designate and satisfying all other conditions as Papertrell may reasonably require.
11.4 Customer shall be responsible for ensuring that all fees and charges owed to Papertrell are paid in a timely manner, as well as ensuring that all payment methods utilized by Customer remain up to date and working. In the event that any credit, debit or other payment card provided by Customer for payment of any such fees and/or charges, as well as any charge applied by Papertrell against any such card, is not honoured, is reversed, or otherwise does not result in payment of Papertrell as provided herein, Customer shall remain liable for such fees and costs. All refunds shall be governed solely by the terms of this Agreement as provided below.
11.5 Taxes. All Fees are payable in United States dollars. All stated Fees are exclusive of any and all taxes, fees and duties, including without limitation any value added tax and/or sales tax, and Customer is solely responsible for payment of such taxes (excluding taxes based on Papertrell’s net income).
12. MODIFICATION TO SERVICES AND PRICING
12.1 Papertrell reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, use of the Papertrell Platform and Service and Related Resources (or any part thereof) with or without notice.
12.2 Prices of the Papertrell Platform and Service and Related Resources, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from Papertrell. Such notice may be provided at any time by posting the changes to the Papertrell Web site or the Papertrell Platform and Service and Related Resources itself.
12.3 Papertrell shall not be liable to Customer or to any third party for any modification, price change, suspension or discontinuance of the Papertrell Platform and Service and Related Resources.
13.1 This Agreement represents the whole agreement between the parties in relation to its subject matter and supersedes all prior representations, promises, agreements and understandings.
13.2 Nothing in this Agreement is intended to confer on any third party any benefit or right to enforce any term contained in this Agreement.
13.3 The headings to the paragraphs in this Agreement are for ease of reference only and shall not affect their interpretation.
13.4 Customer acknowledges and agrees that Papertrell may use Customer’s Mark or the Mark identifying the Customer Storefront(s) solely for Papertrell’s promotional, marketing or advertising purposes.
13.5 This Agreement will be binding upon the successors in business of the Customer and Papertrell.
13.6 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Republic of India.
13.7 The parties irrevocably agree the Courts of Bengaluru, Karnataka shall have the [exclusive] jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims).
14. Shipping and Delivery Policy for Digital Products
14.1 As Papertrell specializes exclusively in the provision of digital products, we wish to clarify that our services do not include the physical shipping of goods. Consequently, Papertrell holds no responsibility or liability for any issues related to the shipping, delivery, or physical handling of products. All our products are delivered electronically via the means specified on our platform, and customers are responsible for ensuring they have the necessary means to receive, access, and use these digital products in accordance with the terms and conditions outlined herein.
Model End User Notice
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, iPod, iPad, Android Device or devices supported by us 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 other device that You do not own or control, and You may not distribute or make the Licensed Application available over a network for download. 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 and product support 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, services or technologies provided 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 device 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.