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License
It is agreed that usage of ExpanDrive software and/or of any amount invoiced
hereunder shall conclusively evidence agreement to ExpanDrive’s Standard Terms
and Condition in all respects, collectively with ExpanDrive’s privacy policy at
(https://www.expandrive.com/privacy-policy) and in particular, the General
provisions thereof.
ExpanDrive Standard Terms and Conditions
1. GENERAL. ExpanDrive’s prices are premised on the parties’ express
understanding and agreement that these Standard Terms and Conditions:
(i) represent the complete and exclusive statement of the agreement between the
parties, (ii) may not be modified, supplemented, explained or waived by parol
evidence, Licensee’s purchase order, any course of dealing, ExpanDrive’s
performance or delivery, or in any other way except in writing hand signed by
an authorized representative of ExpanDrive, and (iii) are intended to cover all
activity of ExpanDrive and Licensee hereunder including any services to be
rendered by ExpanDrive in connection with the licensing of the Products. Any
reference in ExpanDrive’s invoice, or otherwise, to Licensee’s specifications
or requirements is solely for the purpose of describing the products and
services covered hereby and shall not serve to either to: (a) adopt those
specifications or requirements as part of the parties’ agreements, or
(b) modify any of the terms of this agreement, particularly (and not in
limitation of the generality of the foregoing) as regards the parties’
understanding that this agreement establishes that no warranty is being
provided by ExpanDrive regarding Licensee’s use of the Products or services. By
way of clarification, and not in limitation of the generality of the foregoing,
it is specifically agreed that statements on ExpanDrive’s website and elsewhere
are issued for general and informational purposes only and shall not be deemed
to modify the provisions hereof or form the basis for a claim that ExpanDrive
provided a warranty of any kind. The agreement formed hereby and the language
contained herein shall be construed and enforced under the Uniform Commercial
Code in effect in the Commonwealth of Massachusetts (being the home office
location of ExpanDrive) on the date hereof.”
2. License Agreement
BY DOWNLOADING, INSTALLING, COPYING, ACCESSING, OR USING THIS SOFTWARE YOU
AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON
BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND
WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY, OR LEGAL
ENTITY TO THESE TERMS.
You may not copy this software except solely for backup or archival purposes.
You may not transfer or assign the right to use the software except as provided
below. You may not reverse engineer, decompile, or disassemble this software,
except and only to the extent that such activity is expressly permitted by
applicable law, notwithstanding this limitation. You may not create derivative
works from this software.
This software is distributed in the hope that it will be useful, but WITHOUT
ANY WARRANTY; without even the implied warranty of MERCHANTABILITY or FITNESS
FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY FOR THE SOFTWARE, TO THE EXTENT
PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE
COPYRIGHT HOLDERS PROVIDE THE SOFTWARE “AS IS” WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE
RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE
SOFTWARE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED
TO IN WRITING WILL ANY COPYRIGHT HOLDER, BE LIABLE TO YOU FOR DAMAGES,
INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT
OF THE USE OR INABILITY TO USE THE SOFTWARE (INCLUDING BUT NOT LIMITED TO LOSS
OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY YOU OR THIRD
PARTIES OR A FAILURE OF THE SOFTWARE TO OPERATE WITH ANY OTHER PROGRAMS), EVEN
IF SUCH HOLDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
3. Insurance – ExpanDrive does not carry an insurance policy
4. Refund Policy – No refunds are available
5. Marketing Activities. You hereby grant ExpanDrive the right to use,
reproduce, publish, perform and display, at its sole discretion your name,
and/or logo (“Customer Marks“) on the Site. At any time, you may request in
writing that ExpanDrive cease to display Customer Marks and ExpanDrive will
subsequently remove Customer Marks from the Site.
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