PLEASE READ CAREFULLY BEFORE USING THIS PRODUCT: This End-User license Agreement ("EULA") is a contract between (a) you (either an individual or the entity you represent) and (b) FlashNotes Software, LLC ("COMPANY") that governs your use of this product (�Product�). This EULA does not apply if there is a separate license agreement between you and COMPANY or its suppliers for the Product. The term "Product" may include (i) associated access cards, (ii) an Internet website, which provides content upload and delivery with note-taking service, (iii) a user guide and other printed materials, and (iv) "online" or electronic documentation (collectively �User Documentation�).
RIGHTS IN THE PRODUCT ARE OFFERED ONLY ON THE CONDITION THAT YOU AGREE TO ALL TERMS AND CONDITIONS OF THIS EULA. BY USING THE PRODUCT, YOU AGREE TO BE BOUND BY THIS EULA.
1. LICENSE RIGHTS. You will have the following rights provided you comply with all terms and conditions of this EULA: COMPANY grants you a license to Use one copy of the COMPANY Product. "Use" means accessing, loading, displaying, making and/or deleting annotations, editing and/or revising annotations or otherwise using the COMPANY Product. You may not modify the COMPANY Product or disable any licensing or control feature of the COMPANY Product. Additional restrictions on Use may apply. You do not have the right to distribute the COMPANY Product.
2. TRANSFER. Restrictions. You may not rent, lease or lend the COMPANY Product or use the COMPANY Product for commercial, timesharing or bureau use. You may not sublicense, assign or otherwise transfer the COMPANY Product except as expressly provided in this EULA.
3. PROPRIETARY RIGHTS. All intellectual property rights in the Product and User Documentation are owned by COMPANY and are protected by law, including applicable copyright, trade secret, patent, and trademark laws. You will not remove any product identification, copyright notice, or proprietary restriction from the Product.
4. LIMITATION ON REVERSE ENGINEERING. You may not reverse engineer, decompile, or disassemble the COMPANY Product, except and only to the extent that the right to do so is allowed under applicable law.
5. LIMITATION OF LIABILITY. Notwithstanding any damages that you might incur, the entire liability of COMPANY and its suppliers under this EULA and your exclusive remedy under this EULA will be limited to the greater of the amount actually paid by you for the Product or U.S. $5.00. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, PERSONAL INJURY, OR LOSS OF PRIVACY) RELATED IN ANY WAY TO THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF COMPANY OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE ABOVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Some states or other jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
6. RESERVATION OF RIGHTS. COMPANY reserves all rights not expressly granted to you in this EULA.
7. GENERAL This EULA and the relationship between you and COMPANY shall be governed by the laws of the State of Maryland without regard to its conflict of law provisions. You and COMPANY agree to submit to the personal and exclusive jurisdiction of the courts located within the state of Maryland. The failure of COMPANY to exercise or enforce any right or provision of this EULA shall not constitute a waiver of such right or provision. If any provision of this EULA is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and rule that the other provisions of this EULA remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this EULA must be filed within one (1) year after such claim or cause of action arose or be forever barred.