Please read this eula carefully. it constitutes a binding agreement between you and Futuristics Internet Services llc. ("company") for the use of this application and the features and services offered through the application (the "application"), which is licensed, not sold, to you for use only under the terms of this eula ("terms"). by clicking the "i accept" button or using the application, you agree to be legally bound by all terms and conditions contained in this eula.
Subject to the terms, conditions and limitations set forth in this EULA, Company grants you a non-exclusive non-transferable license to install and use the Product subject to all the terms and conditions set forth here within. The terms of the license will also govern any upgrades provided by Company that replace and/or supplement the original Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Futuristic Internet Services LLC will provide email and telephone support to You for current versions of the Product. Futuristic Internet Services LLC will investigate all of Your questions and problems promptly. You agree to provide adequate information toFuturistic Internet Services LLC to assist in the investigation and to confirm that any problems have been resolved. Futuristic Internet Services LLC does not provide guaranteed response time but will make good faith effort to answer emails and voice mails.
Futuristic Internet Services LLC ‘ obligation to provide Support is contingent upon proper use of the Product and full compliance with this Agreement. Moreover, Futuristic Internet Services LLC shall be under no obligation to provide Support should such services be required due to (a) failure to operate the Product within the systems requirements provided for the Product (b) any modification or attempted modification of the Product by You or any third party or (C) Your failure or refusal to implement Product changes recommended by Futuristic Internet Services LLC.
The fees and all other amounts due as set forth in this Agreement are net amounts to be received by Futuristic Internet Services LLC , exclusive of all taxes, duties, and assessments, including without limitation all sales, withholding, VAT, excise, ad valorem, and use taxes (collectively, the “Taxes???), and are not subject to offset or reduction because of any Taxes incurred by You or otherwise due as a result of this Agreement. You shall be responsible for and shall pay directly, any and all Taxes relating to the performance of this Agreement, provided that this paragraph shall not apply to taxes based solely on Futuristic Internet Services LLC ’ income.
Subject to the license grant hereunder, all right, title and interest in and to the Product, the accompanying printed materials, and any copies of the Product are owned by Futuristic Internet Services LLC.
Futuristic Internet Services LLCwarrants that for a period of 90 days from the date of delivery (“Warranty Period???), under normal use, the Product will perform substantially in conformance with the specifications published in the Documentation. During such period, and as the sole obligation of Futuristic Internet Services LLCand Your sole remedy under the warranty in this Section, if You provide written notice of Futuristic Internet Services LLC’s failure to comply with the above warranty, Futuristic Internet Services LLCwill use reasonable commercial efforts to correct such nonconformity in the Product as in accordance with the terms of the Maintenance and Support Policy. In addition, if Futuristic Internet Services LLCdetermines it is not commercially reasonable to correct the nonconformity, Futuristic Internet Services LLC may elect to terminate the license to such Product, upon which termination Licensee will promptly return to Futuristic Internet Services LLCall such copies of such Product. Upon receipt of the Product from Licensee, Futuristic Internet Services LLCwill return to Licensee all license fees (and any unused support fees) paid to Futuristic Internet Services LLC by You for such Product. This warranty set forth above does not apply to, and Futuristic Internet Services LLCshall have no obligation with respect to, any non-conformity arising as a result of (i) use of the Product other than as specified under this Agreement and the related Documentation; (ii) any modification or alteration of the Product performed other than by Futuristic Internet Services LLCor its agents, or (iii) transfer of the Product to any computer system other than the ones on which Product is authorized to be stalled, except as permitted in this Agreement..
To the extent not prohibited by law, in no event shall company be liable any direct, incidental, special, indirect, consequential, exemplary, or punitive 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 of or inability to use the application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if company has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so this limitation may not apply to you.
In no event shall company’s total liability, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the application exceed one dollar. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
The 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.
You agree not to do, or authorize or permit any third party to do, any of the following: (a) rent, lease, lend, sell, redistribute or sublicense the Application; (b) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restrictions are prohibited by applicable law); (c) modify, alter or create any derivative works of the Application; or (e) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Application. If you violate any of the foregoing restrictions, your use of the Application will be unlicensed and will infringe the copyright and other rights of Company, which may subject you to prosecution and damages. Company reserves all rights not expressly granted to you herein.
Futuristic Internet Services LLC will supply to You, at no additional charge, any improvements, upgrades, or modifications to the Product that Futuristic Internet Services LLC makes generally available. Any such improvements, upgrades, or modifications shall become part of the Product for all purposes of this Agreement. You acknowledge and agree that the Maintenance to be provided by Futuristic Internet Services LLC hereunder is limited to the most current version of the Product and the immediately preceding version.
For use of the free GB of Data BaGG software only the Maintenance Services and Exclusions paragraphs of this section apply
Unless explicitly set forth in this Agreement, all fees and other amounts due under this Agreement are non-cancellable and non-refundable. Unless otherwise agreed to by the parties, You shall pay all fees or amounts within 30 days of the date of the invoice. A late fee shall be charged on any overdue amounts and any other fees and expenses not paid as provided under Agreement.
Users are solely responsible for all messages and content ("User Content") they post or transmit using the Application, or that are posted or transmitted using their account, as well as for their conduct and the conduct of anyone using their account. You agree not to (a) post or transmit any User Content that infringes upon or violates the rights of any third party or that violates any applicable law, rule and regulation; or (b) use the Application in any manner to harass, abuse, stalk, offend, harm, threaten, defame, defraud any third party. You further agree that Company is not in any way responsible for the conduct or content of other users that you may encounter as a result of using the Application. Enforcement of these user content and conduct rules is solely at Company's discretion, and these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Application will not contain any content or conduct that is prohibited by such rules.
The Application contains the valuable proprietary content of and is protected by copyright and other intellectual property laws and treaties. You agree not to use the Application except in its intended manner in accordance with the terms of this EULA.
You expressly acknowledge and agree that use of the application is at your sole risk and that the entire risk as to satisfactory quality, performance, safety, accuracy and effort is with you. to the maximum extent permitted by applicable law, the application is provided "as is" and "as available," with all faults and without warranty of any kind. company hereby disclaims all representations, warranties and conditions with respect to the application, either express, implied or arising by law, including, but not limited to, the implied warranties and/or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, quiet enjoyment, and non-infringement of third party rights. Company does not warrant that the functions contained in the application will be accurate or meet your requirements, that the operation of the application will be uninterrupted or error-free, or that defects in the application will be corrected.
You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. 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.
The laws of the State of DELAWARE, excluding its conflicts of law rules, govern your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws. You agree that any action at law or in equity arising out of or relating to the Application, the Service or this agreement shall be filed only in the state and federal courts located in DELAWARE and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of the Application.
If you have any questions concerning this License, or if you desire to contact Futuristic Internet Services LLC for any reason, please emailsupport@databagg.com
