Call Deck is willing to license the Call Deck Website to you only on the condition that you accept all the terms contained in this EULA. By using the Call Deck Website, you acknowledge and agree that you have read and understand this EULA and accept all of its terms.
If you agree to this EULA on behalf of another person or legal entity including, without limitation, another business, you represent and warrant that you have the authority to bind that entity to this EULA and your agreement to this EULA will be treated as the agreement of the entity. In that event, 'you' and 'your' will refer and apply to that entity. If you do not accept this EULA in its entirety, then Call Deck is unwilling to license the Call Deck Website to you and you may not access or use the Call Deck Website. Any use of the Call Deck Website by you under these circumstances will be considered a violation of Intellectual property laws and may subject you to civil and/or criminal penalties.
1. Modification of These Terms
Call Deck reserves the right to modify and/or change any of the terms and conditions of this EULA at any time and without prior notice. If Call Deck materially modifies this EULA it will post the updated EULA in the 'Info Menu' of the Call Deck Website. Call Deck will also update the 'Last Updated Date' at the end of this Agreement. By continuing to use the Call Deck Website after Call Deck has posted a modification of this EULA, you agree to be bound by the modified EULA. If the modified EULA is not acceptable to you, your only recourse is to uninstall the Call Deck Website. This Agreement will also govern any Website upgrades and/or updates provided by Call Deck that upgrade and/or supplement the Call Deck Website, unless such upgrades and/or updates are accompanied by a separate license, in which case the terms of that separate license will apply.
2. The Call Deck Website and Third Party Software
3. License to Software and Use
By using the Call Deck Website, you agree you have approved without limitation, the following:
4. License Restrictions
5. Updates; Additional Services; Tests
6. Proprietary Rights
7. Privacy and Legal Rights
8. Your Obligations
9. No Obligation
Call Deck is not obligated to maintain or support the Call Deck Website, or to provide you with updates, fixes, or services related thereto. You understand that during and/or by using the Customized Software, you may encounter Third Party Software that may be deemed offensive, indecent or objectionable. Nevertheless, you agree to use the Call Deck Website at your own risk and that Call Deck shall not have any liability to you with respect to such content.
10. Government Users
Any use, duplication, or disclosure of the Customized Software by the U.S. government is subject to the restrictions as set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. Manufacturer is FlatZap, LLC.
11. Export Laws
12. Disclaimer of Warranties
In addition to the limitations of Call Deck's liability expressly contained in this Agreement, Call Deck further disclaims any warranty related to acknowledge and agree that you assume all the responsibility and risk for your use of the Software and the results and performance thereof and your use of any Third Party Software. THE CALL DECK WEBSITE IS PROVIDED TO YOU ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITHOUT WARRANTY OF ANY KIND. CALL DECK DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CALL DECK OR ELSEWHERE WILL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THIS AGREEMENT. CALL DECK DOES NOT REPRESENT OR WARRANT THAT: (I) THE CALL DECK WEBSITE OR ANY THIRD PARTY SOFTWARE WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF THE CALL DECK WEBSITE OR ANY THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED; OR (III) THE ACCURACY, TIMELINESS, COMPLETENESS, OR ADEQUACY OF THE CALL DECK WEBSITE, ANY THIRD PARTY SOFTWARE AND ANY DATA ACCESSED THEREFROM. INFORMATION PROVIDED THROUGH THE CALL IN
CLAIM WEBSITE OR ANY THIRD PARTY SOFTWARE AND CALL DECK AND CALL DECK'S THIRD PARTY LICENSORS WILL HAVE NO LIABILITY WITH RESPECT THERETO. CALL DECK MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE CALL DECK WEBSITE OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE CALL DECK WEBSITE OR THE THIRD PARTY SOFTWARE AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE CALL DECK WEBSITE IS TO UNINSTALL AND CEASE USE OF THE CUSTOMIZED SOFTWARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability
IN NO EVENT WILL CALL DECK, ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY, THE 'CALL DECK GROUP') AND CALL DECK'S THIRD PARTY LICENSORS BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOSS OF GOODWILL, LOST REVENUE, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR IN CONNECTION WITH THIS EULA OR THE INSTALLATION OR USE OF OR INABILITY TO USE THE CALL DECK WEBSITE OR ANY THIRD PARTY WEBSITE UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT CALL DECK OR ITS THIRD PARTY LICENSORS WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL CALL DECK'S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS EULA, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE AMOUNT PAID, IF ANY, BY YOU FOR THE CALL DECK WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SUCH AS FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
To the maximum extent permitted by law, You agree to defend, indemnify and hold the Call Deck Group harmless from and against any and all claims, suites, losses, liability, costs or expenses (including but not limited to reasonable attorneys fees) arising from or incurred as a result of your use of the Customized Software, including your downloading, installation, or use of the Customized Software, or your violation of this EULA.
15. Term and Termination
Your license to use the Call Deck Website under this EULA shall continue until it is terminated by either party. You may terminate this EULA at any time, by discontinuing the use the Call Deck Website. This EULA and the license granted to you under this EULA will terminate automatically if you breach any term of this EULA. Sections 2, 3, 4, 6 through 12, 14 and 16 shall survive the termination of this EULA.
(a) This EULA and all the policies referenced herein constitute the entire agreement between Call Deck and you concerning the subject matter hereof, and it may only be modified by a written amendment signed by an authorized executive of Call Deck. (b) The section titles in this EULA are provided solely for convenience and have no legal or contractual significance. (c) This EULA shall be governed by and interpreted under the laws of the State of Indiana, without regard to its conflicts of laws provisions. All actions relating to this EULA and the call Deck Website shall be brought in the competent court in the State of Indiana. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Notwithstanding this, you agree that Call Deck will still be allowed to apply for injunctive remedies (or an equivalent type of unilateral, non-monetary urgent legal relief) in any jurisdiction. (d) The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. (e) If for any reason a court of competent jurisdiction finds any provision of his EULA or portion thereof, to be unenforceable, that provision of this EULA shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this EULA shall continue in full force and effect. Call Deck reserves the right, at our discretion, to update or revise this EULA. (f) Except as required by law, the controlling language of this EULA is English. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail. (g) You may not assign your rights under this EULA to any party without Call Deck's consent. (h) If any provision of this EULA shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this EULA and shall not affect the validity and enforceability of any remaining provisions. (i) Nothing in this EULA will be construed as creating a joint venture, partnership, employment or agency relationship between you and Call Deck, and you do not have any authority to create any obligation or make any representation on Call Deck's behalf. (j) If you have any questions about the Call Deck Website, please email your question to email@example.com.
17. Third Party Beneficiaries
18. Software Questions, Comments, and Contact Information
If you have any questions, complaints and/or claims, you may contact Call Deck at: FlatZap, LLC. 12175 Visionary Way, Fishers, IN 46038 E-mail: firstname.lastname@example.org Website: www.calldeck.net