This End User License Agreement (EULA) is a binding contract between COFFEENOW and you, as a user of the COFFEENOW application (COFFEENOW) downloaded from an online marketplace of your selection. COFFEENOW is licensed, not sold, to you for use under the terms of this EULA. COFFEENOW (Licensor) reserves all rights in and to COFFEENOW not expressly granted to you under this EULA.
- Termination. The EULA is effective until terminated by you or COFFEENOW. Your rights under this EULA will terminate automatically without notice from COFFEENOW if you fail to comply with any term of this EULA and related documents. Upon termination of this EULA, you will cease all use of COFFEENOW, and destroy all copies, full or partial, of COFFEENOW.
- Services; Third Party Materials. COFFEENOW may enable access to COFFEENOW’s and third-party services and websites (collectively and individually, “Services”). Use of COFFEENOW may require internet access and that you accept additional terms of service from third parties. The information provided by COFFEENOW is provided to you for informational and reference purposes only. While every effort has been made to ensure the quality and accuracy of information displayed through COFFEENOW, COFFEENOW will not be held responsible for incomplete, inaccurate, invalid or incorrect information displayed through COFFEENOW. Certain Services may display, include or make available content, data, information, applications or materials from third parties (Third-Party Materials) or provide links to certain third-party websites. By using COFFEENOW, you acknowledge and agree that COFFEENOW is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. COFFEENOW does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party Services or Third-Party Materials. Third-Party Materials and links to other websites are provided solely as a convenience to you. Neither COFFEENOW, nor any of its content providers, guarantees the availability, accuracy, completeness, or reliability of any services. You should exercise judgment in your use of any Services.
You agree that Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary content, information or materials in any way whatsoever except for permitted use of COFFEENOW. No portion of COFFEENOW may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on COFFEENOW, in any manner, and you will not exploit COFFEENOW in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use COFFEENOW in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that COFFEENOW is not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that you may receive as a result of using any of COFFEENOW.
In addition, Services that may be accessed from, displayed on or linked to from the mobile device are not available in all languages or in all countries. COFFEENOW makes no representation that Services are appropriate or available for use in any particular location. To the extent you choose to access such Services, you do so at your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. COFFEENOW and its licensors reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will COFFEENOW be liable for the removal of or disabling of access to any such Services. COFFEENOW may also impose limits on the use of or access to certain Services without notice or liability.
- No Warranty. USE OF COFFEENOW IS AT YOUR SOLE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COFFEENOW AND ANY SERVICES PERFORMED OR PROVIDED BY COFFEENOW ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND COFFEENOW HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO COFFEENOW AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. COFFEENOW DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF COFFEENOW, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, COFFEENOW WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF COFFEENOW OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN COFFEENOW OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COFFEENOW OR ITS AUTHORIZED REPRESENTATIVE WILL CREATE A WARRANTY. SHOULD COFFEENOW OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
- Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL COFFEENOW BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE COFFEENOW, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF COFFEENOW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL COFFEENOW’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- Export. You may not use or otherwise export or re-export COFFEENOW except as authorized by United States law and the laws of the jurisdiction in which COFFEENOW was obtained. In particular, but without limitation, COFFEENOW may not be exported or re-exported: (i) into any U.S. embargoed countries; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using COFFEENOW, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
- Government Users. COFFEENOW and related documentation are “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. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users: (i) only as Commercial Items; and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights reserved under the copyright laws of the United States.
- Governing Law. The laws of Washington State, excluding its conflicts of law rules, govern this license and your use of COFFEENOW. Your use of COFFEENOW may also be subject to other local, state, national, or international laws.
- Contact Information. Your questions, complaints or claims with respect to COFFEENOW should be directed to: email@example.com