PLEASE READ THIS SOFTWARE LICENSE AGREEMENT (“LICENSE”) CAREFULLY BEFORE USING THE PLASQ SOFTWARE. BY USING THE PLASQ SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LICENSE. IF YOU DO NOT AGREE TO THE TERMS OF THIS LICENSE, DO NOT INSTALL AND/OR USE THE SOFTWARE.
IMPORTANT NOTE: This software may be used to reproduce materials. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. If you are uncertain about your right to copy any material, you should contact your legal advisor.
(a) The plasq Comic Draw/Connect software, content, documentation and any fonts included in the Software (collectively the “plasq Software”) are licensed, not sold, to you by plasq LLC (“plasq”) for use only under the terms of this License. plasq and/or plasq’s licensor’s retain ownership of the plasq Software itself and reserve all rights not expressly granted to you. The terms of this License will govern any software upgrades provided by plasq that replace and/or supplement the original plasq software product, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
b) From time to time, plasq may release software updates to the version of the plasq Software you originally purchased. plasq will provide you any such updates that it may release up to, but not including, the next major release of the plasq Software, for free. For example, if you originally purchase version 1.X of the plasq Software, plasq would provide you for free any software updates it might release (e.g. version 1.2 or 1.3) up to, but not including, version 2.X of the plasq Software.
2. Permitted License Uses and Restrictions.
(a) Subject to the terms and conditions of this License and as permitted in the “Usage Rules” set forth in the App Store Terms and Conditions, you are granted a limited non-transferable license to install and use the plasq Software on any Apple-branded iOS device that you own or control. You may not distribute or make the plasq Software available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the plasq Software.
b) You may not and you agree not to, or to enable others to, copy (except as expressly permitted by this License and the “Usage Rules”), decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, modify, or create derivative works of the plasq Software or any services provided by the plasq Software, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the plasq Software). Any attempt to do so is a violation of the rights of plasq and its licensors of the plasq Software.
3. Consent to Use of Data.
You agree that plasq and its subsidiaries may collect and use technical and related information, including but not limited to technical information about your computer, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support and other services to you (if any) related to the plasq Software. plasq may use this information, as long as it is in a form that does not personally identify you, to improve our products or to provide services or technologies to you.
This License is effective until terminated. Your rights under this License will terminate automatically without notice from plasq if you fail to comply with any term(s) of this License. Upon the termination of this License, you shall cease all use of the plasq Software and destroy all copies, full or partial, of the plasq Software. Sections 5, 6, 9 and 10 of this License shall survive any such termination.
5. Disclaimer of Warranties.
5.1 If you are a customer who is a consumer (someone who uses the plasq Software outside of your trade, business or profession), you may have legal rights in your country of residence which would prohibit the following limitations from applying to you, and where prohibited they will not apply to you. To find out more about rights, you should contact a local consumer advice organization.
5.2 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE PLASQ SOFTWARE AND SERVICES IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU.
5.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLASQ SOFTWARE AND SERVICES ARE PROVIDED “AS IS”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND PLASQ AND PLASQ’S LICENSORS (COLLECTIVELY REFERRED TO AS “PLASQ” FOR THE PURPOSES OF SECTIONS 6 AND 7) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PLASQ SOFTWARE AND SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
5.4 PLASQ DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PLASQ SOFTWARE OR SERVICES, THAT THE FUNCTIONS CONTAINED IN THE PLASQ SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE PLASQ SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE PLASQ SOFTWARE OR SERVICES WILL BE COMPATIBLE WITH THIRD PARTY SOFTWARE, OR THAT DEFECTS IN THE PLASQ SOFTWARE OR SERVICES WILL BE CORRECTED.
5.5 YOU FURTHER ACKNOWLEDGE THAT THE PLASQ SOFTWARE AND SERVICES ARE NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OF, OR ERRORS OR INACCURACIES IN THE CONTENT, DATA OR INFORMATION PROVIDED BY, THE PLASQ SOFTWARE OR SERVICES COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE, INCLUDING WITHOUT LIMITATION THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, LIFE SUPPORT OR WEAPONS SYSTEMS.
5.6 NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PLASQ OR AN PLASQ AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE PLASQ SOFTWARE 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.
6. Limitation of Liability.
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL PLASQ 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 THE PLASQ SOFTWARE, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF PLASQ 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 shall plasq’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.
7. Export Control.
You may not use or otherwise export or reexport the plasq Software except as authorized by United States law and the laws of the jurisdiction in which the plasq Software was obtained. In particular, but without limitation, the plasq Software may not be exported or re-exported (a) into any U.S. embargoed countries or (b) 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 the plasq Software, 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.
8. Government End Users.
The plasq Software 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 (a) only as Commercial Items and (b) 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.
9. Controlling Law and Severability
This License will be governed by and construed in accordance with the laws of the State of South Carolina, as applied to agreements entered into and to be performed entirely within South Carolina between South Carolina residents. This License shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.
10. Complete Agreement; Governing Language.
This License constitutes the entire agreement between the parties with respect to the use of the plasq Software licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this License will be binding unless in writing and signed by plasq. Any translation of this License is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this License shall govern.
11. Third Party Acknowledgements.
Portions of the plasq Software utilize or include third party software and other copyrighted material. Acknowledgements, licensing terms and disclaimers for such material are contained in the “online” electronic documentation for the plasq Software or may otherwise accompany such material, and your use of such material is governed by their respective terms.