| BuildBrandExpand.com End User License Agreement |
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IMPORTANT INFORMATION - PLEASE READ CAREFULLYThis End-User License Agreement (the "Agreement") is a legally binding contract between BuildBrandExpand.com and you. This Agreement governs your use of our products for your business and accompanying documentation that you select, pay for and use. Be sure that you carefully read and fully understand this Agreement. YOU AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN NEGOTIATED AGREEMENT SIGNED BY YOU. BUILDBRANDEXPAND.COM IS WILLING TO LICENSE AND PROVIDE ACCESS TO THE SOFTWARE, SERVICES OR PRODUCTS ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, UNDERSTAND THEM AND AGREE TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS ANY COMPONENT OF THE SOFTWARE, SERVICES OR PRODUCTS. BY CLICKING YOUR ACCEPTANCE OF THIS AGREEMENT OR BY ACCESSING, INSTALLING, DOWNLOADING, COPYING OR OTHERWISE USING ANY PARTY OF THE SOFTWARE, SERVICES OR PRODUCTS, YOU CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT CONSENT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE SOFTWARE, SERVICES OR PRODUCTS. 1. License and Permitted Use. The Software, Services and Products are licensed and or sold. Subject to the terms and conditions of this Agreement, Build Brand Expand grants to you a limited, non-exclusive, personal, nontransferable right to install, use and access the Software, Services or Products to build your business, subject to your payment. This License is expressly conditioned on the following:
2. License Restrictions. You may not directly or indirectly:
4. Intellectual Property Rights. The Software, Services and Products are protected by United States copyright law and international treaty provisions. Title to the Software, Services or Products and all associated intellectual property rights are owned and shall be retained exclusively by BuildBrandExpand.com, its affiliates and/or its licensors as applicable. Through your use of the Software, Services or Products, you acquire no ownership interest in the Software or any derivative work or component of the Software, Services or Products. No right, title or interest in or to any trademark, service mark, logo or trade name of BuildBrandExpand.com or its licensors is granted to you under this Agreement. Unless and to the extent that applicable laws may require otherwise, you may not decompile, disassemble, modify or reverse engineer the Software, Services or Products or seek to derive the source code from any executable object code provided to you, or modify, translate, or otherwise create derivative works based on the Software, Services or Products or any part thereof. BuildBrandExpand.com, its affiliates and/or its licensors are the exclusive owners of the copyright for the Software, Services and Products and BuildBrandExpand.com reserves all rights related to such ownership, including the exclusive right to make derivative works of the Software, Services or Products and to duplicate, distribute, license and sell the Software, Services or Products. You acknowledge that the Software, Services and Products, any enhancements, corrections, upgrades or modifications to the Software, Service or Products (regardless of whether made by BuildBrandExpand.com, its affiliates, its licensors, you or a third party) and all copyrights, patents, trade secrets, trademarks and other intellectual property rights protecting or pertaining to any aspect of the Software, Services or Products (or any enhancements, corrections, upgrades or modifications) are and shall remain the exclusive property of BuildBrandExpand.com, its affiliates and/or its licensors as applicable. 5. Privacy. Your use of the Software and Services is subject to Build Brand Expand’s privacy policy made available to you in full at: http://www.buildbrandexpand.com/index.php?option=com_content&view=article&id=53:buildbrandexpandcom-privacy-policy&catid=25:the-project&Itemid=37 (“Privacy Policy”). Build Brand Expand may update the Privacy Policy from time to time. Through your use of the Software, Services or Products, you may be required or requested to supply certain information, including your name, address, e-mail address and other information. 6. No Refunds. Due to the intellectual nature of these properties we do not issue refunds. If a file has been found defective or corrupted we will redistribute the file(s). 7. Replacement of Defective Media. Build Brand Expand warrants that the media (if any) on which the Software is provided will be free from defects in materials and workmanship under normal use for a period of ninety (30) days after you first acquire your valid copy of the Software. 8. Disclaimer of Warranties. OTHER THAN THOSE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, BUILDBRANDEXPAND.COM MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SOFTWARE OR ANY SERVICES. WITHOUT LIMITING THE PRECEDING SENTENCE AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY IMPLIED WARRANTIES SUCH AS THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED FROM YOUR ACQUISITION AND USE OF THE SOFTWARE AND ANY SERVICES. BUILD BRAND EXPAND DOES OT WARRANT OR PROMISE THAT THE SOFTWARE OR ANY SERVICES WILL IDENTIFY THE APPROPRIATE DOCUMENTS FOR YOUR NEEDS; THAT THE SOFTWARE IS FREE FROM BUGS OR ERRORS; NOR DOES BUILDBRANDEXPAND.COM MAKE ANY OTHER PROMISES ABOUT THE PERFORMANCE, ACCURACY, OR RELIABILITY OF THE SOFTWARE OR ANY SERVICES OR THEIR ABILITY TO MEET YOUR REQUIREMENTS. WHILE BUILDBRANDEXPAND.COM IS PROVIDING THE SOFTWARE AND SERVICES AS A GENERAL TOOL TO ASSIST YOU IN BUILDING YOUR BUSINESS, THE SOFTWARE AND SERVICES DO NOT REPLACE YOUR OBLIGATION TO EXERCISE YOUR INDEPENDENT JUDGMENT IN USING THE SOFTWARE AND SERVICES. YOU ARE SOLELY RESPONSIBLE FOR CORRECTLY INPUTTING YOUR INFORMATION INTO THE SOFTWARE AND FOR VERIFYING ALL OUTPUTS RESULTING FROM YOUR USE OF THE OFTWARE AND ANY SERVICES. BUILDBRANDEXPAND.COM DOES NOT WARRANT ANY PARTICULAR RESULTS THAT YOU MAY OBTAIN IN USING THE SOFTWARE OR ANY SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE YOUR USE OF THE SOFTWARE, SERVICES OR PRODUCTS AND ANY BUILDBRANDEXPAND.COM RELATED ONLINESERVICES ARE NOT SUBSTITUTES FOR THE ADVICE OF AN ATTORNEY. 9. Limitations on Liability and Damages. YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF BUILDBRANDEXPAND.COM AND ITS LICENSORS, AFFILIATES AND SUBSIDIARIES WITH RESPECT TO YOUR USE OF THE SOFTWARE AND/OR ANY SERVICES SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO BUILDBRANDEXPAND.COM FOR THE SOFTWARE LICENSE AND ANY FEES FOR ANY SERVICES. IN NO EVENT WILL BUILDBRANDEXPAND.COM OR ITS LICENSORS, AFFILIATES OR SUBSIDIARIES BE LIABLE TO YOU, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST DATA, LOST PROFITS OR BUSINESS, LOSS OF USE, OR FOR ANY CLAIM OR DEMAND AGAINST YOU BY ANY OTHER PARTY, EVEN IF BUILDBRANDEXPAND.COM, ITS LICENSORS, AFFILIATES OR SUBSIDIARIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree that BuildBrandExpand.com and its licensors, subsidiaries and affiliates will not at any time have any additional liability for any claim, cause of action or injury that you or any other person may
You agree that the essential purposes of this Agreement can be fulfilled even with these limitations on liabilities. 10. Indemnification. You agree to defend and hold harmless BuildBrandExpand.com and its successors, assigns, officers, directors, representatives, employees and agents from and against any claim, suit, loss, liability, penalty or damages (including incidental and consequential damages), costs and expenses (including reasonable attorneys’ fees and expenses), arising out of your breach of this Agreement. 11. Export Restriction. The Software is provided solely for lawful, non-commercial purposes and use. You shall be solely responsible for, and agree to comply with, all applicable laws, statutes, ordinances, and other governmental authority, however designated. Without limiting the foregoing, you agree to comply with all U.S. export laws and applicable export laws of your locality (if you are not in the United States), and shall not export the Software or other materials provided by BuildBrandExpand.com without first obtaining all required authorizations or licenses. The Software, including software documentation, are provided subject to BuildBrandExpand.com’s standard agreements; products acquired for use within or for any United States federal agency are provided with “LIMITED RIGHTS” and “RESTRICTED RIGHTS” as defined in DFARS 252.227-7013 and FAR 52.227-19. You acknowledge that any and all software provided with the Software is subject to the U.S.
You acknowledge that BuildBrandExpand.com specifically prohibits the downloading, possession, use or 12. Termination. Without prejudice to any other rights, BuildBrandExpand.com may immediately terminate this Agreement if you do not abide by its terms and conditions, in which case you must 13. Other.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, |





