EULA - End User License Agreement
3DNA Corp. End User License Agreement (EULA)
IMPORTANT-Read carefully: this 3DNA Corp. End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and 3DNA Corp. for the software and may include associated media, printed materials and any "online" or electronic documentation ("SOFTWARE"). This EULA is valid and grants the end-user license rights only if the software is genuine 3DNA Corp. software. By installing, copying or otherwise using the software, you agree to be bound by the terms of this EULA. If you do not agree to be bound by the terms of this EULA, do not install or use the software.
1. GRANT OF LICENSE. 3DNA Corp. ("3DNA") grants you the right to use one (1) copy of the enclosed 3DNA software program and accompanying documentation (together with any upgrades supplied by 3DNA, (collectively, the "SOFTWARE") according to the conditions specified below. All rights not expressly granted herein are reserved by 3DNA, its suppliers, licensors, or successors.
a) Install the SOFTWARE on only one (1) computer or workstation;
b) Make no more than one (1) copy of the SOFTWARE in machine readable form, solely for back-up purposes, provided that you reproduce all proprietary notices on the copy;
c) Physically transfer the SOFTWARE from one (1) computer to another, provided that the SOFTWARE is used on only one (1) computer at a time;
d) Permanently transfer all of your rights under this EULA, provided you retain no copies, you transfer all of the SOFTWARE (including all component parts, the media and printed materials, any upgrades and this EULA), and the recipient agrees to the terms of this EULA. If the SOFTWARE is an upgrade, any transfer must include all prior versions of the SOFTWARE.
YOU MAY NOT:
a) Use the SOFTWARE on more than one computer or workstation at a time;
b) Modify, translate, reverse engineer, decompile, disassemble, create derivative works based on, or copy (except to create the back-up copy) the SOFTWARE;
c) Rent, lend, transfer, distribute, or grant any rights in the SOFTWARE in any form to any person without the written consent of 3DNA;
d) Remove any proprietary notices, labels, or marks from the SOFTWARE.
2. UPGRADE PRODUCTS. Any upgrades to the SOFTWARE may only be used in conjunction with the prior version of the SOFTWARE.
3. DUAL-MEDIA SOFTWARE. You may receive the SOFTWARE in more than one medium. Regardless of the type or size of medium you receive, you may use only one medium that is appropriate for your single computer. You may not use or install the other medium on another computer. You may not loan, rent, lease, or otherwise transfer the other medium to another user, except as part of the permanent transfer (as provided above) of the SOFTWARE.
4. COPYRIGHT. All title and copyrights in and to the SOFTWARE (including but not limited to any images, photographs, animations, video, audio, music, text, and "applets," incorporated into the SOFTWARE), the accompanying printed materials, and any copies of the SOFTWARE, are owned by 3DNA or its suppliers. The SOFTWARE is protected by copyright laws and international treaty provisions. Therefore, you must treat the SOFTWARE like any other copyrighted material except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) install the SOFTWARE on a single computer provided you keep the original solely for backup or archival purposes. You may not copy the printed materials accompanying the SOFTWARE. Macromedia Director was used in the creation of this product. DIRECTOR COPYRIGHT 1984-2000 Macromedia, Inc.
5. U.S. GOVERNMENT RESTRICTED RIGHTS. The SOFTWARE is provided with RESTRICTED RIGHTS. Use, duplication, or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is 3DNA Corp., Suite 305, 145 Front Street East, Toronto, Ontario, M5A 1E3.
6. LIMITED WARRANTY AND DISCLAIMER. 3DNA warrants that for a period of ninety (90) days from the date of sale of the SOFTWARE to you, the SOFTWARE, under normal use, will perform substantially in accordance with the accompanying written materials. 3DNA's entire liability and your exclusive remedy under this warranty (which is subject to you returning the SOFTWARE to 3DNA) will be, at 3DNA's option, to replace the SOFTWARE or to refund the purchase price and terminate this Agreement. Except for these express limited warranties, 3DNA makes, and you receive, no warranties or conditions, express, implied, statutory, or otherwise, and 3DNA specifically disclaims any implied warranties of merchantability, non-infringement and fitness for a particular purpose. 3DNA does not warrant that the SOFTWARE will meet your requirements or that the operation of the SOFTWARE will be uninterrupted or error free. You assume the responsibility for the selection of your requirements, software, and hardware to achieve your intended results; for installation; for use; and that the operations of the SOFTWARE will be uninterrupted or error free. Some jurisdictions do not allow the exclusion of implied warranties so that the above exclusions may not apply to you. This warranty gives you specific legal rights. You may also have other rights which vary from jurisdiction to jurisdiction.
7. PROPRIETARY RIGHTS. This license is not a sale. Title and copyrights to the SOFTWARE and accompanying documentation, including the enclosed copies and any copy made by you, remain with 3DNA or its suppliers, licensors, or successors.
8. LIMITATION OF LIABILITY. 3DNA's liability arising out of this Agreement shall not exceed the amounts paid by you to obtain the SOFTWARE. In no event will 3DNA be liable for any loss of data, lost opportunity of profits, cost of cover, or special, incidental, consequential, or indirect damages arising from the use of the SOFTWARE in this Agreement, however caused and on any theory of liability. These limitations will apply even if 3DNA or an authorized dealer has been advised of the possibility of such damage, and notwithstanding any failure of essential purpose of any limited remedy. You acknowledge that the amount paid for the SOFTWARE reflects this allocation of risk. 3DNA makes no warranty that (i) the software will meet your requirements, (ii) the use of the software will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the software will be accurate or reliable, (iv) the quality of the software will meet your expectations, (v) any errors in the software will be corrected, and/or (vi) you may use, practice, execute, or access the software without violating the intellectual property rights of others. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
9. EXPORT RESTRICTIONS. You agree that you will not export or re-export the SOFTWARE in any form without the appropriate United States and foreign government licenses, and 3DNA's written approval. Your failure to comply with this provision is a material breach of this contract. If you need advice on such export laws and regulations, you should contact the U.S. Department of Commerce, Export Division, Washington, DC 20230, USA, for clarification.
10. TERMINATION. This Agreement is effective until terminated. You may terminate this Agreement at any time by removing from your system and destroying all copies of the SOFTWARE and the accompanying documentation. Unauthorized copying of the software or the accompanying documentation or otherwise failing to comply with the terms and conditions of this Agreement will result in automatic termination of this Agreement and will make available to 3DNA other legal remedies. Upon termination of this Agreement, the license granted herein will terminate and you must immediately destroy the SOFTWARE and accompanying documentation, and all back-up copies thereof.
11. MISCELLANEOUS. This is the entire Agreement between the parties relating to the subject matter hereof and no waiver or modification of the Agreement shall be valid unless signed by each party. The waiver of a breach of any term hereof shall in no way be construed as a waiver of any other term or breach hereof. If any provision of this Agreement shall be held by a court of competent jurisdiction to be contrary to law, the remaining provisions of this Agreement shall remain in full force and effect. This Agreement is governed by the laws of the Province of Ontario, Canada, without reference to conflict of laws principles. All disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the provincial and federal courts located in the Province of Ontario, Canada, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts. Should you have any question about this Agreement, or if you desire to contract 3DNA Corp. please write: 3DNA Corp., Suite 305, 145 Front Street East, Toronto, Ontario, M5A 1E3 Telephone No.: (416) 599-6009 Facsimile No.: (416) 599-6867 E-Mail: info@3DNA.net.
MY WAY SEARCHBAR END USER LICENSE AGREEMENT --
BY CLICKING ON THE SUBMIT, DOWNLOAD, I ACCEPT OR SUCH SIMILAR BUTTON OR LINK AS MAY BE DESIGNATED FOR PURPOSES OF INITIATING THE DOWNLOAD OF THE MY WAY SPEEDBAR SOFTWARE PRODUCT (THE APPLICATION) AND DOWNLOADING AND INSTALLING THE MY WAY SEARCHBAR SOFTWARE APPLICATION, YOU AGREE TO BE LEGALLY BOUND BY THESE LICENSE TERMS AND CONDITIONS.
1. License Grant
Subject to the terms and conditions of this Agreement, My Way grants you a non-exclusive, revocable, limited license, to (a) download and install the most current version of the Application (including all updates thereto) and (b) use the Application(s) you download and install for your personal, non-commercial purposes.
2. License Conditions
You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer any Applications or use any Application for the benefit of any third party through any outsourcing or time sharing arrangement or through the operation of any service bureau, You may not modify, reverse-engineer, decompile, disassemble, or otherwise discover the Applications, or attempt to do so for any reason. Further, you may not access, create or modify our source code in any way. You do not have the right to and may not create derivative works of our Applications. All modifications or enhancements to our Applications remain our sole property. You understand that we, in our sole discretion, may modify or discontinue or suspend your right to access any of our services or use any Application at any time, and we may at any time suspend or terminate any license hereunder and disable any Applications you may already have accessed or installed without prior notice or further obligation to you.
You acknowledge and agree that the Application is licensed, not sold to you by The Excite Network, Inc. My Way. You agree that My Way owns all of our Applications, including all Intellectual Property Rights in or relating to each Application, except as otherwise specified or expressly granted to you in this Agreement. Intellectual Property Rights means, collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter, or remove any copyright, trademark, or other proprietary rights notice we have placed on any Application. All rights not expressly granted hereunder are expressly reserved to My Way and My Ways licensors. My Way, My Search, and My SearchHub and Searchbar are trademarks of The Excite Network, Inc. My Way. All Rights Reserved.
4. Content and Infringement
You understand that all content, including, without limitation all data, links, articles, search results, graphic or video messages and all information, text, software, music, sound, graphics or other materials (Content) made available or accessible through the Applications or our services, whether publicly available or privately transmitted, is the sole responsibility of the entity from whom it originated. You understand and agree that by using an Application, you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will My Way be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for loss or damage of any kind incurred as a result of the use of any Content posted or transmitted via the Application.
We are not responsible for any content such as audio, video, text or any other, files owned by users of our Applications. All of our Applications are exposed to various security issues, and should be regarded as unsecure. By accepting this Agreement, you indicate that you understand, acknowledge and agree that by using our Applications, you may be subject to various risks, including the exposure of data you have downloaded or have offered to share, and that you accept all such risk as solely your risk and responsibility.
In addition, all content made available or accessed through our Applications is the property of the applicable content owner and may be protected by applicable laws including without limitation those relating to Intellectual Property Rights. This Agreement gives you no rights to such content.
My Way respects and expects its users to respect the rights of copyright holders. On notice, My Way will act appropriately to remove content under our control that infringes the copyright rights of others. My Way reserves the right to disable the access to the Applications and our services by anyone who uses them to repeatedly infringe the Intellectual Property Rights of others. If you believe that our services contain elements that infringe your copyrights in your work, please follow our Notice and Procedure for Making Claims of Copyright Infringement at http://info.myway.com/index/id/terms.html.
5. Installation and Operation
You understand, acknowledge and agree that installation of an Application permits the downloading to your computer by My Way of software which allows us to update the Application, and that such updates may occur without notice to you, unless the terms of this Agreement change in a material way. You agree to accept all such updates and agree that they are and shall be governed by this Agreement unless superceded by a successor agreement as described below.
You further understand, acknowledge and agree that in consideration of the Applications, services and information provided to you by My Way, and in order to make our services functional and robust, the Application will communicate with our servers. Such communication may occur, for example, in connection with product updates and fixes, verifying and updating your settings, processing search queries or requests made by you through use of the Application and as otherwise required to maintain and operate the Application. The Application does not report back to My Way with information about the sites you visit on the Internet or collect any information that you provide you to any such web sites. You hereby consent to such communications and our use of such information. If you wish to withdraw your consent to our gathering and use of such data and information, uninstall our applications.
You understand that you may uninstall any Application at any time by using the Windows add/remove programs function or following the instructions listed on our website at http://help.myway.com/features/speedbar.html#q4. However, by uninstalling the Application, you will be unable to access our services and, in some instances, unable to use software with which the Application was bundled.
6. Your Obligations
You represent and warrant that you are either the owner or an authorized user of the computer where our Application is installed. You agree to provide and to maintain fully accurate, complete and current information related to any registration for the Applications and our services and information that may be required in the course of your use of our services. If My Way has reasonable grounds to suspect that such information is inaccurate, not current or not complete, My Way has the right to suspend or terminate your account, deny any or all use of the Applications or our services, and pursue any appropriate legal remedies. You agree that we shall have the right to use the information you provide to us for the purposes described in this Agreement and in furtherance of your use of our services. You may use our services only for lawful purposes. The services described herein are subject to, and you agree that you shall at all times comply with, all local, state, national, and international laws, statutes, rules, regulations, ordinances and the like applicable to use of the My Way services and Applications. You agree not to use the My Way services and Applications to conduct any business or activity or solicit the performance of any activity, which is prohibited by law, or any contractual provision by which you are bound.
7. Access and Interference; Passwords
You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of any of our Applications, services or content, except to remove our Applications from a computer of which you are an owner or authorized user. You may not violate or attempt to violate the security of our services. We reserve the right to investigate occurrences which may involve such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other techniques that may have the effect of damaging, destroying, disrupting or otherwise impairing a computers functionality or operation, which may inadvertently be transferred to your computer through your use of our Applications.
In order to access certain services or use certain features of our Applications, you may be required to pay fees, accept additional terms and conditions and/or, establish an account including an unique identification code or name (an ID) and password (a Password). You are the sole and exclusive owner of any Password and ID combination issued or chosen by to you. Maintaining the confidentiality and security of your Password(s) and ID(s) is solely your responsibility. You are fully responsible for the use and protection of each Password and ID issued to or chosen by you and for all transactions undertaken by means of any account opened, held, accessed or used via such Password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft or unauthorized use of your Password(s), and/or ID(s) or any related account. If we have reasonable grounds to suspect that the security of your Password and/or ID has been compromised, we have the right to suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any Password or ID.
8. Electronic Signatures and Agreements
You acknowledge and agree that by clicking on the button labeled SUBMIT, DOWNLOAD, I ACCEPT or such similar links as may be designated by My Way to download the software to accept the terms and conditions of this Agreement, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the E-Sign Act) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE APPLICATION OR SERVICES OFFERED BY MY WAY. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
9. Disclaimer of Warranty
YOU ACCESS AND USE OUR APPLICATIONS AND SERVICES AND ANY CONTENT AVAILABLE THROUGH OUR SERVICES OR ON OUR WEBSITE AT YOUR SOLE RISK.
WE PROVIDE THE APPLICATIONS AND THE CONTENT ON AN AS IS, AND AS AVAILABLE BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATIONAL CONTENT, SYSTEM INTEGRATION OR NON-INFRINGEMENT.
WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE SERVICES PROVIDED BY THIRD PARTIES ACCESSIBLE ON OR THROUGH OUR APPLICATIONS OR SERVICES.
NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, THIRD PARTY VENDORS, FACILITIES, INFORMATION PROVIDERS, LICENSORS, NOR ANY EXCHANGES, CLEARING ORGANIZATIONS OR OTHER SUPPLIERS PROVIDING DATA, INFORMATION, OR SERVICES (EACH A PROVIDER) MAKE ANY REPRESENTATION OR WARRANTY: (A) AS TO THE TIMELINESS, SEQUENCE, ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF THE APPLICATIONS OR THE SERVICES OR ANY INFORMATION, SERVICE OR TRANSACTION PROVIDED THEREBY, OR (B) THAT THE APPLICATIONS OR THE SERVICES WILL BE AVAILABLE OR WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, (C) THAT ERRORS OR DEFECTS RELATED TO THE APPLICATIONS OR THE SERVICES WILL BE CORRECTED OR (D) THAT WE CAN IDENTIFY AND IDENTITY THEFT. WE ALSO DO NOT WARRANT THAT THE APPLICATIONS OR THE SERVICES OR THE INFORMATION AVAILABLE THROUGH THE SERVICES, IS APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION.
THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.
You may terminate this Agreement at any time by uninstalling and destroying all copies of our Applications in your possession or control. We may terminate this Agreement, disable Applications or cease providing any service at any time in our sole discretion.
11. Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT WILL MY WAY, ITS PARENTS, SUBSIDIARIES, OR AFFILIATES OR THEIR EMPLOYEES, DISTRIBUTORS, SUPPLIERS, MERCHANT PARTNERS, ADVERTISERS, DIRECTORS OR AGENTS (EACH A PROTECTED PARTY, COLLECTIVELY PROTECTED PARTIES) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR OTHER RELIEF ARISING OUT OF, OR RELATED TO, THIS AGREEMENT OR TO YOUR USE OR INABILITY TO USE ANY OR ALL OF THE APPLICATIONS OR SERVICES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF MY WAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SOLELY TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, FOR ANY REASON, HELD TO BE INAPPLICABLE OR UNENFORCEABLE IN WHOLE OR IN PART, THEN MY WAYS AGGREGATE LIABILITY, FOR ANY REASON AND FOR ANY CAUSE OF ACTION AND ANY THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO THE LESSER OF DAMAGES ACTUALLY INCURRED OR THE AVERAGE REVENUE RECEIVED BY MY WAY PER USER OF THE APPLICATION PER MONTH AS CALCULATED BY MY WAY BASED ON THE USE OF THE APPLICATIONS (AND NOT OTHER PRODUCTS OR SERVICES OFFERED BY MY WAY) MULTIPLIED BY THE NUMBER OF COMPLETE MONTHS YOU HAVE BEEN AN APPLICATION USER. THE PROTECTED PARTIES ASSUME NO LIABILITY HEREUNDER FOR, AND SHALL HAVE NO OBLIGATION TO DEFEND YOU OR TO PAY COSTS, DAMAGES OR ATTORNEYS FEES FOR, ANY CLAIM BASED UPON: (I) ANY METHOD OR PROCESS IN WHICH OUR APPLICATION MAY BE USED BY YOU; (II) ANY RESULTS OF USING OUR APPLICATION; (III) ANY USE OF OTHER THAN A CURRENT UNALTERED RELEASE OF ONE OF OUR APPLICATIONS; OR (IV) THE COMBINATION, OPERATION OR USE OF ANY OF OUR APPLICATION(S) WITH THIRD PARTY PROGRAMS OR DATA.
BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
12. Export Controls
The Applications and the underlying information and technology may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Afghanistan, Cuba, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Departments list of Specially Designated Nationals or the U.S. Commerce Departments Table of Deny Orders. By downloading or using our Applications, you agreeing to the foregoing and 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, and that you will otherwise comply with all applicable export control laws.
13. Notice to Government End Users
Any Applications, software and documentation hereunder downloaded or otherwise installed for or on behalf of the United States of America, its agencies and/or instrumentalities (U.S. Government), is provided with Restricted Rights as 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. Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. § 12.212), the U.S. Government shall have only those rights specified in the license contained herein. The U.S. Government shall not be entitled to (i) technical information that is not customarily provided to the public or to (ii) use, modify, reproduce, release, perform, display, or disclose commercial computer software or commercial computer software documentation except as specified herein. Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 C.F.R. 52.227-19, as applicable.
14. Applicable Law
Any claim or controversy arising out of or related to this Agreement, or the products or services we provide or distribute shall be settled by individual binding arbitration in accordance with the rules of the American Arbitration Association then effective. Any such claim or controversy shall be arbitrated on an individual basis and shall not be consolidated with a claim of any other party. Further, in any such dispute, under no circumstances will you be permitted to obtain awards for, and you hereby waive all rights to claim punitive, incidental or consequential damages, and you further waive all rights to have damages multiplied or increased. This shall not preclude My Way from seeking any injunctive relief for protection of our Intellectual Property Rights. The arbitration shall take place in Irvington, New York or such other location as the parties may mutually agree. The arbitrator(s) shall issue a reasoned award, and any judgment on the award rendered by the arbitrator(s) may be entered in any court of competent jurisdiction. The arbitrator(s) will each be a natural person who has never been employed (either as an employee or as an independent consultant) by either of the parties, or any parent, subsidiary or affiliate thereof, and will be generally familiar with the business of the parties. The arbitrator(s) may upon request exclude from use in the arbitration proceeding any evidence not made available to the other party pursuant to a proper discovery request. The cost of the arbitration will be borne equally by the parties. The parties, their representatives, other participants, the arbitrator(s) and the administrator(s) of the arbitration will hold in confidence the existence, content and outcome of the arbitration. The parties understand that: (i) arbitration is final and binding on the parties; (ii) the parties are waiving their right to seek remedies in court, including the right to a jury trial; (iii) pre-arbitration discovery is generally more limited than and different from court procedures; and (iv) any partys right to appeal or to seek modification of rulings by the arbitrators is strictly limited.
16. Successor Agreements
The terms of this Agreement may change from time to time. You should check back at the website regularly to determine if any material changes have been made. We will prominently post material changes on the My Way website at least 14 days prior to the effective date of the change and will also attempt to provide you with an on-line notice informing you when such material changes have been made to this Agreement, which notice shall contain an active link that you can use to view a web page containing or linking to the revised Agreement.
You agree that your continued use of any Application or our services after the effective date of any change will constitute your affirmative consent to this revised Agreement. If you do not accept such revisions, you must affirmatively indicate to us by e-mail to email@example.com that you do not accept the successor Agreement and remove all of our Applications from your computer and cease all access to and use of our services hereunder. Failure to remove our Applications from your computer will be deemed an acceptance of the terms of the most current Agreement.
17. Order of Precedence
This Agreement and any accepted successor Agreement governs your use of our Applications and our services as described herein. To the extent that any provision of this Agreement, or any supplemental agreement offered as any part of any registration for additional Applications or services, conflicts with any provision of other agreements between you and My Way or any of its related or affiliated entities, the terms of the then-current Agreement, shall, as to the specific subject matter of this Agreement, take precedence over the conflicting term(s) of that other agreement
Without limiting the foregoing, My Way Software Products and My Ways Services are not intended for use by or availability to persons under the age of 13.
IF YOU ARE UNDER 13 YEARS OF AGE, YOU MAY NOT DOWNLOAD, INSTALL OR USE ANY MY WAY SOFTWARE PRODUCT OR APPLICATION AND YOU MAY NOT ACCESS THE SERVICES.
EFFECTIVE DATE: March 6, 2003.