Software License Agreement End User
This Software License Agreement end User (Agreement) is a legal agreement between you and GoFind Inc., Inc. (“GoFind Inc.”) for use of the software embedded on your GoFind Inc. location product and application software (“Product”) as originally delivered by GoFind Inc. (“Software”). BY USING THE SOFTWARE YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SOFTWARE; YOU MAY RETURN THE PRODUCT IN ACCORDANCE WITH OUR RETURN POLICY, IF APPLICABLE.
- License Grant.
GoFind Inc. hereby grants to you a non–exclusive, non–transferable limited copyright license to use the Software embedded on the Product. All rights not expressly granted are reserved by GoFind Inc. This license is with respect to copyright rights only and specifically excludes any and all patent rights. The terms of this AGREEMENT will govern any upgrades provided by GoFind Inc. that replace and/or supplement the original Software, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. The license rights granted under this AGREEMENT are limited to the first thirty (30) days after you first use the Software unless you supply information necessary to activate your subscription to the GoFind Inc. location service (“Service”). You may activate the Service at www.gofindinc.com/my-account/.
You agree not to exceed the scope of the foregoing license, copy, create derivative works, reproduce, modify or distribute the Software. Subject to applicable law, you agree not to decompile, reverse engineer, disassemble or otherwise attempt to learn the source code, structure or algorithms underlying the Software. You agree not to (i) remove any copyright or other proprietary notice from the Software, (ii) sublicense or transfer the Software to a third party; (iii) extract or replace any part of the Software; or (iv) sell, rent, lease, lend, provide commercial hosting services or otherwise transfer the Software for value. This AGREEMENT does not allow you to use the Software on a Product that you do not own or control, and you may not distribute or make the Software available over a network where it could be used by multiple devices at the same time.
- No Other Rights.
Any rights not expressly granted to you are reserved by GoFind Inc. and its affiliates. Neither this AGREEMENT, nor any act by GoFind Inc. pursuant to or in connection with this AGREEMENT (including, without limitation, the delivery or conveyance of any hardware or software product) shall be construed to provide, either expressly, by implication, by way of estoppel, or otherwise, any license or any rights under any patents, copyrights or any other intellectual property rights of GoFind Inc. or its affiliates, except as expressly provided in Paragraph 1 of this AGREEMENT.
The Software is licensed and not sold. You agree that GoFind Inc. and its licensors retain all right, title and interest in and to the Software and all copies of the Software, including all copyrights therein. The Software is protected by copyright and other intellectual property laws and treaties. Please see “Additional Notices” available at www.gofindinc.com/legal/for ownership and licensing information about additional software components included with the Product, if any.
To use Software identified as an upgrade, you must first be licensed for the Software identified by GoFind Inc. as eligible for the upgrade. After upgrading, you may no longer use the Software that formed the basis for your upgrade eligibility. You acknowledge and agree that GoFind Inc. may automatically check the version of the Software and/or its components that you are utilizing and may provide upgrades or fixes to the Software.
- Technical Information.
This AGREEMENT shall terminate immediately, without notice, if you fail to comply with any material term of this AGREEMENT. In addition, GoFind Inc. may terminate this Agreement at any time upon notice to you and by posting notice on our website located at www.gofindinc.com. Upon termination you agree to immediately erase the Software from your Product and personal computer. Sections 2, 3, 4 and 7–12 shall survive the expiration or termination of this EULA.
- Disclaimer of Warranty.
THE SOFTWARE IS LICENSED TO YOU “AS IS.” GOFIND INC., IT’S SERVICE PROVIDERS, MANUFACTURERS, LICENSORS AND THEIR RESPECTIVE AFFILIATES DISCLAIM ANY AND ALL WARRANTIES REGARDING THE SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON–INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GOFIND INC., IT’S SERVICE PROVIDERS, MANUFACTURERS, LICENSORS AND THEIR RESPECTIVE AFFILIATES DO NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY OR MAY BE LIMITED IN THOSE JURISDICTIONS.
WAIVER OF CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GOFIND INC. OR IT’S SERVICE PROVIDERS, MANUFACTURERS, LICENSORS AND THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SOFTWARE, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT(INCLUDING BUT NOT LIMITED TO LOST DATA, LOST PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER), EVEN IF GOFIND INC. OR ITS SERVICE PROVIDERS, MANUFACTURERS, LICENSORS AND THEIR RESPECTIVE AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- LIMITATION OF LIABILITY.
NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT OR ANYTHING ELSE), THE ENTIRE LIABILITY (IN THE AGGREGATE) OF GOFIND INC., ITS SERVICE PROVIDERS, MANUFACTURERS, LICENSORS AND THEIR RESPECTIVE AFFILIATES UNDER ANY PROVISION OF THIS AGREEMENTAND YOUR EXCLUSIVE REMEDY HEREUNDER (EXCEPT FOR ANY REMEDY OF REPAIR OR REPLACEMENT ELECTED BY GOFIND INC. WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY PERTAINING TO THE PRODUCT) SHALL BE LIMITED TO US $30.00. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS (INCLUDING SECTIONS 8, 9 AND 10) SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, EMPLOYEES OR SUB-CONTRACTORS (AND THE EMPLOYEES OF SUB-CONTRACTORS) (COLLECTIVELY, “REPRESENTATIVES”) HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE APP, THE CONTENT, OR SERVICES FOR ANY:
(1) PERSONAL INJURY, DEATH, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER LOSS, DAMAGE, COST OR EXPENSE, PROPERTY DAMAGE OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES;
(2) THE ACTIVE OR PASSIVE, SOLE, JOINT OR SEVERAL NEGLIGENCE OF COMPANY OR ANY OF THE REPRESENTATIVES;
(3) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP; OR
(4) OR ANY CLAIMS FOR SUBROGATION, CONTRIBUTION OR INDEMNIFICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY OR REPRESENTATIVES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
The Software is subject to the export control laws and regulations of the United States and other jurisdictions. You agree to comply with all such laws and regulations.
- U.S.Government End Users.
This section only applies to the U.S. Government or if you are or are acting on behalf of an agency or instrumentality of the U.S. Government. The Software is “commercial computer software” developed exclusively at private expense. Pursuant to FAR 12.212 or DFARS 227 7202 and their successors, as applicable, use, reproduction and disclosure of the Software is governed by the terms of this EULA.