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BuildBrandExpand.com End User License Agreement PDF Print E-mail

IMPORTANT INFORMATION - PLEASE READ CAREFULLY

This 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:

  1. that you only use the Software, Services or Products in the manner permitted by this Agreement and in accordance with the type license that you obtained and for which you have paid all applicable fees; and
  2. that you only use the Software, Services or Products in connection with building your business.
  3. You may not copy the Software, Services or Products for any reason.

2. License Restrictions. You may not directly or indirectly:

  1. re-distribute, sell, rent, loan, resell or otherwise transfer the Software, services or products or any rights in or to the Software, Services or Products to any other person or entity;
  2. use the Software, Services or Products in any manner other than its intended manner or for the benefit of any third parties, including by making the Software, Services or Products available on an application service provider, outsourcing or service bureau basis, or on any peer-to-peer or file-sharing service or network, or to perform services for third parties or by using or accessing the Software, Services or Products to prepare legal documents for any other person, and you agree to indemnify, defend and hold harmless BuildBrandExpand.com against any losses, liabilities, claims, settlements, costs or expenses, including reasonable attorneys’ fees and enforcement costs, arising out of or relating to any such use or access;
  3. agree not to duplicate the Software, Services or Products by any means, including electronically;
  4. agree not to remove any proprietary notice, labels or marks on or in Software, Services or Products;
  5. derive or attempt to derive any source code for the Software, Services or Products; or
  6. disable or circumvent any access control or related device, process or procedure established with respect to the Software, Services or Products. You are responsible for all use of the Software, Services or Products and for compliance with this Agreement and any breach by you or any user of the Software, Services or Products provided to you shall be your responsibility. BuildBrandExpand.com reserves all rights not expressly granted to you.

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
have as a result of:

  1. your use of, or inability to use, the Software or any Services or Products;
  2. your use of any documents generated by the Software or any Services or Products;
  3. your retention of, or your failure to consult or retain, an attorney with respect to any contract, document or legal matter;

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.
Export Administration Regulations (15 CFR, Chapter VII) and that you must comply with all
domestic and international export laws and regulations that apply to such software. These
laws include restrictions on destinations, end-users and end-use. You expressly agree that
you will not download, transfer, export or re-export this software, directly or indirectly, to:

  1. any countries (or citizens, nationals or residents of any countries) that are subject to US
    export restrictions (including, but not limited to, Cuba, Iran, Iraq, Sudan, Libya, North Korea
    and Syria);
  2. any end-user who has been prohibited from participating in U.S. export
    transactions by any federal agency of the U.S. government; or
  3. any-end user who you know or have reason to know will utilize the Software in the design, development or production of nuclear, chemical or biological weapons. You further acknowledge that the Software may include technical data subject to export and re-export restrictions imposed by U.S. law.

You acknowledge that BuildBrandExpand.com specifically prohibits the downloading, possession, use or
transmission of the Software by any citizen, national, or resident of, or under control of, the government of Cuba, Iran, Iraq, Sudan, Libya, North Korea, Syria or any other country to which the United States has prohibited export, any person or entity listed on the United States Department of Treasury lists of Specially Designated Nationals, Specially Designated Terrorists, and Specially Designated Narcotic Traffickers, or as listed on the United States Department of Commerce Table of Denial Orders.

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
destroy all copies of the Software and certify in writing to BuildBrandExpand.com of your compliance with this Section 20. All provisions of this Agreement which must survive in order to give effect to its
meaning will survive termination or expiration of this Agreement.

13. Other.

  1. Entire Agreement. This Agreement is the entire and exclusive agreement between the
    parties with respect to the subject matter hereof, and it supersedes all previous
    communications, representations or agreements, either oral or written, between them. No
    representations or statements of any kind made by any representative of BuildBrandExpand.com or its respective affiliates or subsidiaries, which are not included in this agreement, shall be binding on BuildBrandExpand.com.
  2. Amendments. Neither party may modify or amend this Agreement except by a writing
    signed by you and an authorized representative of BuildBrandExpand.com.
  3. Waiver. No waiver of any provision or condition herein shall be valid unless in writing
    and signed by you and an authorized representative of BuildBrandExpand.com. Build Brand Expand’s failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
  4. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.
  5. Miscellaneous. This Agreement shall inure to the benefit of Build Brand Expand, its affiliates,
    subsidiaries and successors and assigns. Any and all references in this Agreement to BuildBrandExpand.com and its respective affiliates and subsidiaries shall, where the context so permits, include BuildBrandExpand.com’s respective parent companies, subsidiaries, affiliates, directors, officers, employees, contractors and agents. Any provision which by its terms is intended to survive termination of this Agreement, including, but not limited to, the provisions of Sections 1, 3, 4, 13, 14, 17, 18 and 19 shall survive termination or expiration of this Agreement. The headings contained herein are for the convenience of the parties only and shall not be used to interpret or construe any of the terms of this Agreement.
  6. Third Party Beneficiaries; Assignment. This Agreement is solely between you and Build Brand Expand and its respective licensors, suppliers, affiliates or subsidiaries shall be deemed to be third party beneficiaries of this Agreement solely to the extent necessary for them to enforce any protections afforded them by this Agreement. All rights and benefits of this Agreement from BuildBrandExpand.com are intended solely for original licensee of the License for the Software. You may not assign, delegate or otherwise transfer this Agreement or any of your rights under this Agreement. BuildBrandExpand.com will use reasonable efforts to notify you of an assignment of this Agreement. The remedies under Sections 10, 11 and 12 are for you only and they are not assignable or transferable by you. This Agreement shall inure to the benefit of the parties and their respective permitted successors and assigns.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT,
UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
© 2010 BuildBrandExpand.com - All Rights Reserved.