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Pubget, Inc. ("Pubget") licenses this service product to you subject to the terms contained in this end user license agreement (this "Agreement"). Read the terms and conditions of this agreement carefully before using this service and the accompanying documentation (the "Service"). The Service is licensed to you under this Agreement, not sold to you. by using the Service, you agree to be bound by the terms of this Agreement. if you are not willing to be bound by the terms of this Agreement, do not use the service.
This agreement is a legal agreement concerning the service between you, as either an individual or a single business entity and pubget. this agreement supersedes and replaces any prior proposal, representation, or understanding you may have had with pubget relating to the service.
By executing a written copy of this Agreement or by using this Service, you agree to be bound by the terms of this Agreement. If you do not agree with any term or condition, do not use the Service. Contact Pubget to arrange the removal of your account at no charge to you.
The alpha Service licensed hereunder is believed to contain defects and a primary purpose of this alpha testing license is to obtain feedback on Service performance and the identification of defects. Licensee is advised to safeguard important data, to use caution and not to rely in any way on the correct functioning or performance of the Service and/or accompanying materials.
You agree that, unless otherwise specifically provided herein or agreed by Pubget in writing, the Service and the Documentation, including the specific design and structure of individual programs and the Service, provided to you by Pubget constitute confidential proprietary information of Pubget. You shall permit only authorized users, who possess rightfully, obtained license keys, to use the Service or to view the Documentation. You agree not to transfer, copy, disclose, provide or otherwise make available such confidential information in any form to any third party without the prior written consent of Pubget. You agree to implement reasonable security measures to protect such confidential information, but without limitation to the foregoing, shall use best efforts to maintain the security of the Service provided to you by Pubget. You will use your best efforts to cooperate with and assist Pubget in identifying and preventing any unauthorized use, copying, or disclosure of the Service, Documentation, or any portion thereof.
It is expressly understood, acknowledged and agreed that you shall, regardless of whether or not formally requested to do, provide to Pubget reasonable suggestions, comments and feedback regarding the Service, including but not limited to usability, bug reports and test results, with respect to Service testing (collectively, "Feedback"). If you provide such Feedback to Pubget, you shall grant Pubget the following worldwide, non-exclusive, perpetual, irrevocable, royalty free, fully paid up rights: (i) to make, use, copy, modify, sell, distribute, sub-license, and create derivative works of, the Feedback as part of any Pubget product, technology, service, specification or other documentation (individually and collectively, "Pubget Products"); (ii) to publicly perform or display, import, broadcast, transmit, distribute, license, offer to sell, and sell, rent, lease or lend copies of the Feedback (and derivative works thereof) as part of any Pubget Product; (iii) solely with respect to Licensee's copyright and trade secret rights, to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties; and (iv) to sublicense to third parties any claims of any patents owned or licensable by Licensee that are necessarily infringed by a third party product, technology or service that uses, interfaces, interoperates or communicates with the feedback or portion thereof incorporated into a Pubget Product, technology or service. Further, you warrant that your Feedback is not subject to any license terms that would purport to require Pubget to comply with any additional obligations with respect to any Pubget Products that incorporate any Feedback.
Subject to the terms and conditions of this Agreement, Pubget hereby grants to you a non-exclusive, non-transferable license (without the right to sublicense) (i) to use the Service in accordance with the Documentation solely for purposes of internal testing and evaluation, and (ii) to copy Service for archival or backup purposes, provided that all titles and trademarks, copyright, and restricted rights notices are reproduced on such copies.
Except for the Pubget trademark, all other trademark used on this site are not authorized by, associated with or sponsored by the trademark owner.
Except as otherwise specifically permitted in this Agreement, you may not: (a) modify or create any derivative works of any Service or documentation, including translation or localization; (code written to published APIs (application programming interfaces) for the Service shall not be deemed derivative works); (b) copy the Service except as provided in this Agreement or elsewhere by Pubget; (c) separate Service, which is licensed as a single product, into its component parts. (d) sublicense or permit simultaneous use of the Service by more than one user (except, the use of a library proxy server is permitted); (e) reverse engineer, decompile, or disassemble or otherwise attempt to derive the source code for any Product the Service (except to the extent applicable laws specifically prohibit such restriction); (f) redistribute, encumber, sell, rent, lease, sublicense, use the Service in a timesharing or service bureau arrangement, or otherwise transfer rights to any Service. You may NOT transfer the Service under any circumstances; (g) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product(s); or (h) publish any results of benchmark tests run on any Service to a third party without Pubget prior written consent.
Pubget is under no obligation to provide technical support under the terms of this license, and provides no assurance that any specific errors or discrepancies in the Service will be corrected.
Title to the Service and all copies thereof remain with Pubget. The Service is protected by United States law and international treaty provisions. Licensee will not remove copyright notices from the Service. Licensee agrees to prevent any unauthorized copying of the Service. Except as expressly provided herein, Pubget does not grant any express or implied right to you under Pubget patents, copyrights, trademarks, or trade secret information.
Your rights with respect to the Alpha Service will terminate upon the earlier of (a) the initial commercial release by Pubget of a generally available version of the Service or (b) six months after the last date you receive the Service or any update thereto. Either party may terminate this Agreement at any time for any reason or no reason by providing the other party advance written notice thereof. Upon any expiration or termination of this Agreement, the rights and licenses granted to you under this Agreement shall immediately terminate, and you shall immediately cease using the Service, Documentation, and all other tangible items in your possession or control that are proprietary to or contain Confidential Information.
The Service and documentation are licensed "as is", and Pubget disclaims any and all other warranties, whether express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, to the extent authorized by law. Without limitation of the foregoing, Pubget expressly does not warrant that the Service will meet your requirements or that operation of the Service will be uninterrupted or error-free. You assume responsibility for selecting the Service to achieve your intended results, and for the results obtained from your use of the Service. You shall bear the entire risk as to the quality and the performance of the Service.
Provision of any Service under this Agreement is experimental and shall not create any obligation for Pubget to continue to develop, productize, support, repair, offer for sale or in any other way continue to provide or develop Service either to Licensee or to any other party.
Pubget holds no liability to you or any party related to you for any loss or damages arising out of or relating to this Agreement or use of the Service and documentation. This limitation applies to all causes of action or claims in the aggregate, including, without limitation, breach of contract, breach of warranty, indemnity, negligence, strict liability, misrepresentation, and other torts. In no event shall Pubget be liable to you or any party related to you for any indirect, incidental, consequential, special, exemplary, or punitive damages or lost profits, even if Pubget has been advised of the possibility of such damages.
The Service and Documentation are provided with Restricted Rights. Use, duplication, or disclosure by the government is subject to restrictions as set forth in subparagraph (c)(f)(ii) of the Rights in Technical Data and Computer Service clause at DFARS 252.227-7013 or subparagraphs (c) (1) and (2) of the Commercial Computer Service-Restricted Rights at 48 C.F.R. S:52.227-19, as applicable.
This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts, without regard to the conflicts of law rules thereof. Any claim or dispute arising in connection with this Agreement shall be resolved in the federal or state courts of Massachusetts. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to the jurisdiction or venue of such courts.
You acknowledge that Service is of U.S. origin. Recipient agrees to comply with all applicable international and national laws that apply to the Service, including the U.S. Export Administration Regulations, as well as end-user, end-use and destination restrictions issued by U.S. and other governments.
This Agreement constitutes the complete and exclusive agreement between you and Pubget with respect to the subject matter hereof, and supersedes all prior or contemporaneous oral or written communications, proposals, representations, understandings, or agreements not specifically incorporated herein. This Agreement may not be amended except in a writing duly signed by you and an authorized representative of Pubget.